AB 46: Diversion.

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 defendants 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, if the defendant has been diagnosed with a mental disorder within 5 years prior to of the current offense, as specified, require the court to find that the defendants mental disorder was a significant factor in the commission of the offense, unless there is clear and convincing a preponderance of evidence that it was not a motivating, causal, or contributing factor to the defendants 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.