Sacramento County DA Thien Ho Urges the California Legislature to Pass AB 46

The California Senate Public Safety Committee took a significant step in restoring balance in the justice system by advancing Assembly Bill 46.

Authored by Assemblymember Stephanie Nguyen, AB 46 would restore judicial discretion and give prosecutors a voice within the state's Mental Health Diversion (MHD) program.

Under current law, individuals charged with serious and violent offenses-including attempted premeditated murder, domestic violence and child abuse - are eligible for MHD. Judges are required to find these defendants eligible for MHD if they are diagnosed with any DSM-5 disorder - including anxiety, insomnia and eating disorders. Unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor in the charged offense, MHD must be granted. Upon acceptance into the program, defendants are released back into the community with minimal supervision and high likelihood of recidivism. Defendants who complete the program can have their case dismissed, leaving victims with no protection or assurance they will ever be free from further victimization.

AB 46 gives discretion back to the court to determine an individual defendant's amenability and suitability for community treatment. It also allows prosecutors the ability to object to applicants that pose a risk to public safety without having to prove the defendant will commit a super strike.

These changes are needed to amend current law that has undermined public safety and led to disastrous results.

"I commend the California Senate Public Safety Committee for its thoughtful review of AB 46 and for advancing this critical public safety and mental health legislation," said Sacramento County District Attorney Thien Ho. "I am also grateful to Assemblymember Stephanie Nguyen for authoring AB 46 and working closely with criminal justice and community organizations to balance mental-health diversion laws by ensuring we provide treatment to those who need it while maintaining the safety of our communities."