By Dean Maddox, Public Safety & Crime Reporter

The Placer County District Attorney’s Office is calling on the California Legislature to reform the state’s mental health diversion system after several local cases in which defendants granted diversion allegedly went on to commit additional violent crimes.

District Attorney Morgan Gire announced this week that Placer County prosecutors are supporting Assembly Bill 46, a measure backed by the California District Attorneys Association that aims to restore greater discretion to judges when deciding whether defendants qualify for mental health diversion.

Mental health diversion, created under California Penal Code §1001.36, permits some criminal defendants to receive treatment for mental illness instead of serving jail or prison time. Prosecutors across California say recent court rulings and statutory language have sharply limited judges’ ability to deny diversion, even in serious cases.

“The law is tying the hands of our local bench,” Gire said in a statement. “Judges are being forced into decisions that may not adequately consider community safety.”

According to the District Attorney’s Office, several recent Placer County cases illustrate the concerns.

In one case, prosecutors say a defendant broke into a stranger’s home in the middle of the night while the residents were asleep. When a homeowner came downstairs, the suspect was standing inside wearing only a towel. The defendant was granted mental health diversion but was later arrested again for allegedly breaking into another home while the resident hid in a closet.

In another case cited by prosecutors, a defendant accused of violating a domestic violence restraining order while armed with a firearm had two prior strike convictions, including one for stabbing a store clerk. Despite facing a potential 25-years-to-life sentence, the defendant was granted diversion after being diagnosed with major depressive disorder.

A third case involved a defendant accused of domestic violence and assaulting a police officer during an arrest. Prosecutors say the defendant was granted diversion despite concerns from the court about compliance with treatment. While still on diversion, the individual allegedly committed another domestic violence assault.

Prosecutors say cases like these highlight what they believe are gaps in the current law.

Assembly Bill 46 would allow judges to consider whether a defendant poses a substantial risk to public safety and whether the proposed treatment plan is appropriate for the mental health condition that contributed to the offense.

The bill would also give courts more discretion to deny diversion when defendants have previously failed treatment programs.

Under current law, once defendants meet certain statutory criteria, judges often have limited authority to deny diversion. Critics argue that the statute has been interpreted in ways that leave courts with little room to weigh community safety concerns.

“Mental health diversion should help people who genuinely need treatment,” Gire said. “It should not become a loophole that allows dangerous offenders to avoid accountability.”

AB 46 is scheduled to be heard by the California Senate Public Safety Committee on March 17.