California bill would widen judges’ power to deny mental health diversion in violent cases
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Published on March 17, 2026.
California lawmakers are set to consider a bill that would allow judges to deny mental health diversion in cases involving serious violence and public safety concerns. The Fresno County District Attorney’s Office is urging the Legislature to pass the measure, citing recent cases as examples that limit judicial discretion. Currently, California's Mental Health diversion law allows individuals suffering from mental illness to receive treatment instead of incarceration. However, prosecutors and courts across the state have raised concerns that the law can limit a judge's ability to deny diversion even in cases with significant public safety issues. Assembly Bill 46 aims to restore greater judicial discretion and allow courts to consider whether a defendant poses a significant risk to the physical safety of another person when determining diversion.
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