AB 2275: Mental health diversion.

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 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 excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified.

Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent, establishes a process by which a defendants mental competency is evaluated, and requires a court, before ordering a defendant to be committed to the State Department of State Hospitals or other treatment facility, to hear and determine whether the defendant lacks the capacity to make decisions regarding the administration of antipsychotic medication, as specified.

This bill would revise the eligibility requirement by prohibiting the court from finding the defendant eligible solely based on the defendants diagnosis of a mental disorder and would additionally require the court to find that the defendant is not mentally incompetent. The bill would require the defendant, in order to be eligible, to provide a written diagnosis of a mental disorder, from within the preceding 2 years, to the court and the prosecution, as specified. The bill would additionally exclude a defendant from diversion if they were charged with theft or an attempted theft offense, if the crime was carried out in a manner demonstrating planning, sophistication, or professionalism. The bill would also, unless the parties stipulate to defendants placement in diversion, prohibit placement if the defendant has been charged with a violent felony, as specified, or certain felony offenses involving domestic violence. The bill would remove the courts authority to grant diversion or other forms of treatment when a defendant is mentally incompetent.

Existing law prohibits a person subject to specified protective orders from owning a firearm or ammunition. Existing law requires a person subject to those orders to relinquish any firearms or ammunition they own.

This bill would authorize the court, for a defendant charged with a crime involving domestic violence that has completed mental health diversion, to issue an order, for up to 10 years, restraining the defendant from contact with the victim, as specified. The bill would additionally require an individual subject to a protective order through the above-described provisions to relinquish their firearms or ammunition.

The California Constitution entitles the victim of a crime to restitution. Existing law requires the court in each criminal case to order a convicted defendant to pay full restitution to the victim and a separate restitution fine, as specified.

This bill would require that the court order restitution to the victim or victims if a defendant participates in a diversion program.

This bill would make other conforming changes.