Mental health diversion.

Plain English Breakdown

The official source material does not provide specific details on how many people will be affected or what happens to existing cases.

Expanding Mental Health Diversion Exclusions

This law adds new types of crimes to the list of offenses that prevent defendants from being eligible for mental health diversion programs.

What This Bill Does

• Adds new types of crimes that stop a defendant from being eligible for mental health diversion.
• Includes child abuse and endangerment, inflicting cruel or inhuman corporal punishment on a child resulting in an injury, assault of a child under 8 years old resulting in death, human trafficking, and any crime causing great bodily injury as excluded offenses.

Who It Names or Affects

• Courts that decide on pretrial diversion for defendants with mental disorders
• Defendants charged with specified crimes such as child abuse and endangerment, inflicting cruel or inhuman corporal punishment on a child resulting in an injury, assault of a child under 8 years old resulting in death, human trafficking, and any crime causing great bodily injury

Terms To Know

Mental Health Diversion

A program where people with mental health issues can get treatment instead of going to jail.

Great Bodily Injury

Serious physical harm that requires medical attention or causes long-term problems.

Limits and Unknowns

• The bill does not specify how many people will be affected by these changes.
• It is unclear what happens to existing cases when the new rules take effect.

Official Summary Text

AB 433, as introduced, Krell.
Mental health diversion.
Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified.
This bill would expand those exclusions to prohibit a defendant from being placed into a diversion program if they are charged with child abuse and endangerment, inflicting cruel or inhuman corporal punishment on a child resulting in an injury, assault of a child under 8 years of age resulting in the death of the child, human trafficking, and any crime that causes great bodily injury, as
specified.

Current Bill Text

Download Bill PDF