Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program.
This bill would add attempted murder to the list of charged offenses that prohibit a defendant from being placed in this diversion program. The bill would disqualify a defendant from diversion if the defendant has been diagnosed, as specified, with a conduct disorder that causes or threatens physical harm to people and animals. The bill would delete the provision requiring the court to find a defendant, diagnosed with a mental disorder, eligible for diversion unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant's involvement in the alleged offense.
Existing law makes a defendant eligible for this diversion program if, among other criteria, the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified.
The bill would instead require that the defendant not pose a risk of danger to public safety if treated in the community.

Statutes affected:
03/10/25 - Amended Assembly: 1001.36 PEN, 1001.36 PEN