California’s New Mental Health Diversion Law: What Defendants, Families, and the Public Need to Know for 2025

Table of Contents

Introduction: Understanding Mental Health Diversion in California

Mental health diversion in California offers certain defendants a chance to receive treatment instead of facing criminal prosecution or incarceration. With recent legislative changes enacted in 2025, the law now reflects a stronger balance between rehabilitation and public safety, aiming to reduce recidivism and provide meaningful support for those whose criminal behavior is linked to mental illness. This article provides an in-depth overview of the latest legal updates, eligibility criteria, and guidance for defendants, families, and advocates seeking to navigate the system.

Key Changes to California’s Mental Health Diversion Law in 2025

California’s mental health diversion statutes have undergone significant reforms through recent legislative action. Notably, Assembly Bill 46 (AB 46), along with updates from Senate Bills 1323 and 1400, has reshaped how courts assess and grant diversion for defendants diagnosed with a qualifying mental disorder. The changes are intended to provide more judicial discretion, expand eligibility for diversion, and clarify the criteria for excluding certain serious offenses from eligibility.

Expanded Judicial Discretion: Under AB 46, judges are now empowered to weigh both the defendant’s individual mental health needs and the potential risk to public safety before granting diversion. This marks a departure from the prior system, which often required courts to grant diversion unless the case involved specific severe crimes such as murder or rape. Now, courts can more carefully consider the unique facts of each case, and prosecutors have more opportunity to present relevant evidence regarding public safety concerns [3] .

Expanded Exclusions: In addition to prior exclusions for offenses like murder, voluntary manslaughter, and certain sexual offenses, new exclusions now prohibit diversion for defendants charged with crimes such as child abuse and endangerment, inflicting corporal punishment resulting in injury to a child, assault on a child under 8 resulting in death, human trafficking, and any crime causing great bodily injury [1] .

Increased Access and Tailored Treatment: Through SB 1323 and SB 1400, courts have clearer guidance on evaluating defendants found incompetent to stand trial, and there is a greater emphasis on customized diversion plans. Judges can design treatment programs that specifically address the individual’s mental health diagnosis, symptoms, and personal circumstances, improving the odds of rehabilitation and successful reintegration [2] .

Eligibility Criteria and Application Process

To qualify for mental health diversion, a defendant must:

Be diagnosed with a qualifying mental disorder by a qualified mental health expert.
Demonstrate that the disorder played a significant role in the commission of the charged offense.
Show that diversion will not pose an unreasonable risk to public safety, considering the nature of the offense and the defendant’s history.
Agree to comply with a treatment plan as determined by the court.

Defendants charged with the newly expanded list of serious offenses are ineligible for diversion. For all other cases, the defense, prosecution, and court may bring evidence regarding the defendant’s mental health, public safety risks, and suitability for diversion [4] .

Step-by-Step Guidance for Accessing Diversion

1. Identification and Evaluation: If you or a loved one is facing criminal charges and has a mental health diagnosis, inform your defense attorney immediately. The attorney will request a mental health assessment from a qualified expert.

2. Filing a Diversion Motion: The defense may file a motion with the court requesting mental health diversion under Penal Code section 1001.36. This motion should include documentation of the mental health diagnosis, evidence of how the disorder contributed to the alleged offense, and a proposed treatment plan.

3. Court Hearing: At a hearing, the judge will review evidence from both the defense and prosecution. The prosecutor may present information on public safety risks, prior criminal history, or facts suggesting unsuitability for diversion.

4. Judicial Decision: The judge determines whether the defendant is eligible and whether diversion is appropriate. If granted, criminal proceedings are paused, and the defendant must comply with all treatment requirements set by the court.

5. Completing the Program: Successful completion of the court-ordered treatment plan can result in dismissal of charges, allowing the defendant to avoid a criminal conviction and re-enter society with a clean record.

Examples and Real-World Applications

For instance, a defendant charged with a non-violent felony who suffers from bipolar disorder might be referred to a mental health diversion program. If the individual faithfully attends therapy, takes prescribed medication, and avoids further legal trouble, the court may dismiss their case after the diversion period ends. Conversely, a defendant charged with serious violent offenses, such as aggravated assault causing great bodily injury, would likely be excluded from diversion eligibility under the new law [1] .

Case studies have shown that mental health diversion programs in California reduce recidivism by more than 30% compared to standard incarceration [5] . This not only benefits defendants but also saves the state millions in incarceration and trial costs, freeing up resources for more effective mental health care and public safety initiatives.

Challenges and Solutions

One challenge is ensuring that defendants have timely access to mental health evaluations and appropriate treatment resources. In some counties, service availability may be limited, leading to delays or gaps in care. Defendants and their families should work closely with their attorneys and the court to identify approved providers and ensure compliance with court-ordered plans. If public resources are scarce, private providers may be considered, but these may entail out-of-pocket costs.

Another challenge involves the expanded exclusions: some defendants who might benefit from treatment will not be eligible if charged with certain offenses. In these situations, advocacy groups recommend working with mental health professionals to explore alternative sentencing options, such as conditional probation with mandated treatment, if allowed by the court.

Alternative Pathways for Treatment and Support

If you do not qualify for mental health diversion under the new law, other options may still be available. These include:

Seeking mental health evaluations as part of sentencing mitigation.
Requesting court-ordered treatment as a condition of probation.
Engaging with community mental health agencies for voluntary treatment.
Contacting your county’s Department of Behavioral Health for resources and referrals.

You can find information about local resources by searching for your “County Department of Behavioral Health” or by reaching out to the California Department of Health Care Services for statewide program information.

Summary: What the 2025 Mental Health Diversion Law Means for Californians

The 2025 updates to California’s mental health diversion law place a strong emphasis on balancing public safety with compassionate, evidence-based treatment. Expanded judicial discretion allows courts to carefully assess each case, while new exclusions clarify which offenses are not eligible for diversion. Individuals facing charges related to their mental health should act quickly to seek a qualified legal representative, obtain a professional diagnosis, and work collaboratively with the court to pursue available diversion or alternative treatment options. While these updates create new pathways for rehabilitation, they also highlight the importance of early intervention, comprehensive documentation, and ongoing advocacy within the legal system.