Fresno County District Attorney Lisa Smittcamp has endorsed Assembly Bill 46, which would allow judges to have more discretion on when mental health diversion should be used. Currently, certain offenders, who do not commit violent crimes, can receive mental health treatment rather than prison time for such purposes. If passed, A.B. 46 would give judges more power to decide if a defendant poses a risk to the public and if they should be treated through the program. However, criminal defense attorney David Mugridge questioned the bill's requirement of a diagnosis before the commission of a crime, which he believes is wrong.