Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law defines "pretrial diversion" as the postponement of prosecution to allow the defendant to undergo mental health treatment, subject to certain requirements, such as the court is satisfied that the recommended program will meet the specialized needs of the defendant, among others. Existing law provides that a defendant is suitable for pretrial diversion if certain criteria are met, including, that the defendant agrees to comply with the treatment as a condition of diversion, among others.
This bill would additionally require that the defendant agree that the recommended treatment plan will meet their specialized needs and would redefine "pretrial diversion" to require that the court is also satisfied that the recommended program is consistent with the underlying purpose of mental health diversion, as described.

Statutes affected:
SB 483: 1001.36 PEN
02/19/25 - Introduced: 1001.36 PEN
05/23/25 - Amended Senate: 1001.36 PEN