Mental health diversion.

Senator Stern's mental health diversion legislation adds new requirements for courts evaluating treatment programs under California's pretrial diversion system. The measure requires courts to verify that recommended mental health treatment aligns with the underlying purposes of diversion and addresses defendants' specific treatment needs before granting diversion.

Under current law, courts may grant pretrial diversion to eligible defendants diagnosed with qualifying mental disorders if they meet suitability criteria, including agreeing to comply with treatment. The proposed changes maintain existing eligibility standards while mandating that courts specifically assess whether recommended inpatient or outpatient programs serve diversion's rehabilitative goals and match defendants' individual mental health requirements.

The legislation preserves key provisions governing which defendants qualify for diversion, including diagnosis with specified mental disorders and evidence that the condition factored significantly in the charged offense. It retains exclusions for serious violent crimes and continues allowing courts to consider public safety risks, treatment plans, criminal history and other relevant factors when determining suitability. The measure also keeps intact existing timelines limiting diversion to two years for felonies and one year for misdemeanors.