The offices of Yuba County District Attorney Clint Curry and Sutter County District Attorney Jennifer Dupré have joined the California District Attorneys Association in supporting Assembly Bill 46. Designed by Freepik

 

YUBA-SUTTER, CA (MPG) - District attorneys in Yuba and Sutter counties are urging state lawmakers to revise California’s mental health diversion law, citing local cases they say highlight gaps in accountability and public safety.

The offices of Yuba County District Attorney Clint Curry and Sutter County District Attorney Jennifer Dupré have joined the California District Attorneys Association in supporting Assembly Bill 46. The measure seeks to amend the state’s mental health diversion statute, which allows certain defendants to receive treatment in place of incarceration.

Mental health diversion, established under Penal Code Section 1001.36, was intended to direct individuals with qualifying mental health conditions into treatment programs. Prosecutors say recent court rulings have limited judicial discretion, making it difficult to deny diversion even in serious cases.

“While this law had good intentions, it has quickly become a ‘get out of jail free card,’ creating a dangerous legal loophole where criminals face no accountability, the public is endangered, and victims are re-victimized by a lack of justice,” Curry said.

Local prosecutors pointed to several cases in Yuba and Sutter counties.

In Yuba County, a man charged with felony hit-and-run was granted diversion over the district attorney’s objection after striking a pedestrian and leaving the scene. The victim suffered a broken leg and other injuries. Prosecutors said the diversion was granted based on the defendant’s anxiety diagnosis. If the defendant completes treatment, the charges will be dismissed and no restitution will be required.

Another Yuba County case involves a pending motion for diversion for a woman charged with attempted murder after allegedly stabbing her husband while he slept. Current law allows diversion in such cases.

In Sutter County, prosecutors said a woman received diversion for embezzlement despite previously completing a diversion program for a similar offense in another county. In a separate case, a woman granted diversion continues to face new felony drug charges.

Sutter County Superior Court is also scheduled to hear a diversion request for a man charged with felony domestic violence after allegedly strangling his partner multiple times.

Prosecutors argue that current law limits a judge’s ability to weigh public safety once statutory criteria are met. They also note that courts may approve diversion even when treatment plans are unclear or when defendants have failed prior programs.

If a defendant completes diversion, charges are dismissed and removed from the record. If the defendant fails, the case often must restart, requiring prosecutors to refile charges and locate witnesses months or years later.

Assembly Bill 46 would allow judges to consider whether a defendant poses a risk to public safety and whether a proposed treatment plan adequately addresses the condition linked to the alleged offense. The bill would also restore broader judicial discretion in deciding whether diversion is appropriate.

The measure was scheduled for a hearing before the Senate Public Safety Committee on March 17. 

More information about the issue is available at placer.ca.gov/MHD.