Nguyen's Mental Health Diversion Bill to Receive Key Committee Vote

SACRAMENTO, CA - Today, Assemblymember Stephanie Nguyen (D-Elk Grove) announced that amendments to her bill, AB 46, have been agreed upon and the measure will soon be considered by the California Senate Committee on Public Safety.

AB 46 was amended to provide judges with clearer and broader authority to deny diversion where public safety is at risk. The bill strengthens the public safety standard courts apply in diversion decisions to better protect victims and the public.

The measure was made a two-year bill to allow time for additional review and discussion. With agreement now in place, the bill advances in the Senate.

"Public safety must be the foundation of every diversion decision," said Assemblymember Nguyen. "AB 46 gives judges clearer authority to deny diversion when a defendant poses a serious risk. Diversion remains available where appropriate, but protecting victims and our communities must come first."

California's mental health diversion law has created dangerous gaps by stripping judges of their discretion and making it nearly impossible to prevent violent and high-risk individuals from being released into the community under the guise of treatment," said Sacramento County District Attorney Thien Ho. "AB 46 will restore balance to the justice system and protect communities while ensuring diversion works as intended. I remain committed to this fight alongside Assemblymember Stephanie Nguyen to make these vital changes to the law."

Greg Totten, Chief Executive Officer of the California District Attorneys Association, a co-sponsor of AB 46, said, "AB 46 strengthens California's mental health diversion law by putting public safety first. It ensures diversion decisions are based on sound clinical judgment and a clear assessment of risk. The bill clarifies judicial discretion under a stronger public safety standard and reinforces consistency in how diversion decisions are made. This is a responsible refinement that improves trust and confidence in the system."

AB 46 now advances to the Senate Public Safety Committee.

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Assemblymember Stephanie Nguyen represents the Cities of Sacramento and Elk Grove