Orange County District Attorney Todd Spitzer calls on the California State Legislature to fix the Mental Health Diversion System Through the passage of Assembly Bill 46

Orange County District Attorney Todd Spitzer calls on the California State Legislature to fix the Mental Health Diversion System Through the passage of Assembly Bill 46

SANTA ANA, CA - The Orange County District Attorney's Office is joining the California District Attorneys Association in their statewide call for the California Legislature to pass common sense mental health diversion (MHD) legislation, Assembly Bill 46. This legislation is sponsored by the Sacramento County District Attorney's Office, and co-sponsored by many district attorneys' Offices across the state, including the Orange County District Attorney's Office. This bill closes legal loopholes in California's mental health diversion law by restoring judicial discretion and ensuring the program provides treatment while protecting community safety.

Across California, reports have shown tragic cases in which dangerous individuals were granted mental health diversion only to commit violent crimes later - including murder, attempted murder, domestic violence and more. Some case examples include:

1. Attacked stranger with a machete - granted Mental Health Diversion - stabbed another victim multiple times while still on Mental Health Diversion

• A defendant chased and attacked a stranger with a machete, slicing them multiple times.

• Defendant was granted Mental Health Diversion, despite a prior strike for assault with a deadly weapon over the objection of Orange County prosecutors.

• While on diversion, the defendant left the court ordered hospital without the court's knowledge.

• After being placed on a GPS tracker, the defendant again left the treatment facility without notice.

• Still on Mental Health Diversion, the defendant later stabbed another victim multiple times outside a convenience store.

2. Naked bandit broke into strangers' home with a gun - granted Mental Health Diversion - only to re-offend

• A defendant who broke into a stranger's home in the middle of the night while the residents slept upstairs

• The victim came downstairs and found the defendant standing in their home in nothing but a towel

• The defendant was granted Mental Health Diversion

• The defendant was arrested again for breaking into another home while the victim hid in their closet)

3. Domestic violence abuser put child in harm's way, attacked a police officer and continues to re-offend on Mental Health Diversion

• The defendant was under the influence of controlled substance while caring for a toddler, started a domestic violence incident, and left a stove on, putting child in harm's way

• When the police responded, the defendant assaulted an officer, striking and kicking the officer during his arrest

• The defendant was granted mental health diversion despite concerns from the court about compliance - the Court acknowledged their hands are tied by current law

• While on diversion, the defendant committed another domestic violence assault and damaged police property during his arrest

Mental health diversion, created under Penal Code §1001.36, was designed to help individuals suffering from mental illness receive treatment instead of incarceration. However, recent court rulings and statutory limitations have significantly restricted judges' ability to deny diversion - even in serious and violent cases - leaving courts with limited authority to evaluate whether diversion is truly appropriate.

"California's mental health system is the definition of insanity - and no one seems to be able to find a cure," said Orange County District Attorney Todd Spitzer. "Mental health diversion is continuing to be exploited by individuals who are looking for a get out of jail free card instead of using diversion in the way it was intended - to provide people suffering from mental illness with the treatment they need to address the underlying issues of why they commit crime. The Legislature has an incredible opportunity through Assemblywoman Stephanie Nguyen's AB 46 to fix the state's mental health diversion laws and ensure precious taxpayer dollars are being spent on the truly mentally ill and not being manipulated by violent criminals and others looking to use a loophole in the law to escape accountability."

Under current law, once a defendant meets certain statutory criteria, judges have very limited discretion to deny diversion. Courts have even been forced to approve diversion in cases where no clear treatment plan exists, community safety is at risk, or where defendants have failed prior treatment efforts - due to how the statute is written and interpreted by appellate courts.

Further, once a defendant completes Mental Health Diversion, the crime is removed from the defendant's criminal history, removing accountability for dangerous crimes as if the crime was never committed. This puts victims, law enforcement and communities at risk if the program is not implemented properly.

AB 46 addresses these concerns by allowing courts to consider whether a defendant poses a substantial and undue risk to the physical safety of another person and whether the proposed treatment plan is clinically appropriate to address the mental health condition that contributed to the crime.

Read the CDAA letter of support here.

Click here for full press release.