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 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 court be satisfied that the recommended mental health treatment program is consistent with the underlying purpose of mental health diversion and will meet the specialized mental health treatment needs of the defendant.

Statutes affected:
SB 483: 1001.36 PEN
02/19/25 - Introduced: 1001.36 PEN