Newsom Signs Bill to Give Judges More Power to Deny Mental Health Diversion
- Governor Gavin Newsom signed legislation this year changing criminal sentencing practices, granting judges increased discretion to decide whether individuals accused of crimes merit mental health diversion. The bill overwhelmingly passed both chambers of the Legislature.
- Assemblymember Stephanie Nguyen, an Elk Grove Democrat, argued the 2018 standard forced judges into uncomfortable decisions by compelling them to grant diversion even when they believed it inappropriate. The old law required judges to approve diversion if mental health was a significant factor in the crime.
- Judges must now consider whether community-based treatment might "endanger public safety," defined as increasing the likelihood of physical injury or serious danger to others. Mental health diversion remains unavailable to people accused of murder or certain sex-related offenses.
- The Ella Baker Center for Human Rights denounced the change as a "step backward," arguing diversion programs serve as a vital counterweight to over-policing and disproportionate incarceration rates among people of color. Opponents say the measure denies eligible defendants needed treatment.
- Newsom defended the measure in a written statement, asserting that California is committed to preserving mental health diversion while ensuring judges possess the discretion needed to protect victims and safeguard communities. The law balances treatment with accountability.
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Gov. Newsom signs bill giving judges more discretion to deny mental health diversions
Gov. Gavin Newsom this week signed a controversial Assembly bill that makes it easier for judges to deny mental health diversion to criminal defendants who may pose a safety risk to the community.
New law will change how mental health diversion is granted in the courtroom
The Mental Health Diverson Program was created back in 2018, allowing some people charged with crimes to be released for treatment if they could prove they had a mental health condition that couldve played a role in the crime.Now, starting Jan. 1, judges will have more authority over who is granted diversion.Preserving the mental health diversion program but just giving them the clear guidance of making sure theyre able to deny it when they feel…
Newsom signs bill to give judges more power to deny mental health diversion
California Gov. Gavin Newsom has signed a bill to overhaul the state's mental health diversion program. Assembly Bill 46, authored by Stephanie Nguyen, D-Elk Grove, addresses concerns about public safety and accountability.
Cal Matters
Gavin Newsom signs law limiting mental health diversion for people accused of crimes
A new California law gives just more flexibility to keep defendants in jail rather than releasing them to community-based mental health treatment programs.
Newsom signs AB 46, restoring judicial discretion in mental health diversion cases
Governor Gavin Newsom signed Assembly Bill 46 into law on Monday, June 29, 2026, granting California judges significantly broader authority to deny mental health diversion to defendants deemed a public safety risk. Authored by Assemblymember Stephanie Nguyen (D-Elk Grove), the new law effectively removes strict legal benchmarks that previously tied the hands of local courts. Source
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