Overview
- Governor Gavin Newsom signed Assembly Bill 46 on Monday, returning broader judicial discretion to deny mental‑health diversion for defendants when judges find community treatment would threaten public safety.
- The statute changes the legal test judges must apply from whether a defendant would pose an unreasonable risk to whether treatment in the community would 'endanger public safety,' a phrase the law ties to a greater likelihood of physical injury or serious danger to others.
- Reporting shows the law also adds operational conditions that courts and programs must enforce, such as reported requirements for a qualifying diagnosis or treatment within the last five years and stronger documentation and accountability for diversion plans.
- Supporters — including prosecutors, police unions and several district attorney offices — said the change fixes court rulings that limited judges after some high‑profile reoffending cases, and opponents including advocacy groups warned the shift could reduce access to treatment and worsen racial disparities.
- Courts must now weigh clinical appropriateness and victims' constitutional rights under Marsy’s Law when deciding diversion, and implementation by judges and local programs will determine how much the law narrows real‑world access or prompts further policy or legal challenges.