District attorney Dan Dow celebrated the signing of AB 46 into law yesterday, citing it as a major victory for crime victims and public safety in California.
The law will go into effect January 1, 2027. It “restores judges’ discretion to deny mental health diversion when an offender poses a substantial and undue risk to the physical safety of others.” Current penal codes offer treatment instead of incarceration to individuals whose mental illness significantly contributed to their behavior.
However, current law requires judges to grant these diversions once certain criteria are met. AB 46 will judges will be able to consider dangerousness and treatment sustainability before granting diversion. “This reform will help keep some very dangerous mentally ill offenders off the street while preserving treatment options for defendants who can safely and appropriately benefit from diversion,” according to the DA’s office.
The bill was authored by assemblywoman Stephanie Nguyen.
