AB-46 • 2026

Diversion.

Crime

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Nguyen
Last action: 2026-05-27
Official status: In Assembly. Concurrence in Senate amendments pending.
Effective date: Not listed

Plain English Breakdown

The bill summary and digest do not provide specific details on how these changes will impact eligibility or outcomes for individuals seeking pretrial diversion.

Mental Health Diversion Program

This law changes requirements for a mental health diversion program that helps people with certain mental disorders get treatment instead of going to jail, including updating the timeframe for diagnosis and changing the standard for court approval.

What This Bill Does

Requires that the diagnosis or rediagnosis of a mental disorder must be within five years before the alleged offense.
Changes the standard for court approval, requiring the defendant will not pose a substantial and undue risk to public safety if treated in the community.
Revises the criteria for qualified mental health experts' opinions on treatment plans.
Requires courts to state reasons for denying diversion on the record.

Who It Names or Affects

People with certain mental disorders who are eligible for pretrial diversion programs.
Courts that grant or deny pretrial diversion requests.
Qualified mental health experts providing opinions on treatment plans.

Terms To Know

Pretrial Diversion: A program where defendants with certain conditions can receive treatment instead of facing criminal charges if they meet specific criteria.
Qualified Mental Health Expert: A professional who is authorized to provide expert opinions on mental health issues and treatment plans for individuals in the diversion program.

Limits and Unknowns

The bill does not specify what happens if a diagnosis or rediagnosis is more than five years before an alleged offense.
It is unclear how this change will affect the number of people eligible for the diversion program.

Bill History

2026-05-27 California Legislative Information
In Assembly. Concurrence in Senate amendments pending.
2026-05-27 California Legislative Information
Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0.).
2026-05-18 California Legislative Information
Read second time. Ordered to third reading.
2026-05-14 California Legislative Information
Read second time and amended. Ordered returned to second reading.
2026-05-14 California Legislative Information
From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 14).
2026-05-11 California Legislative Information
In committee: Referred to APPR. suspense file.
2026-03-17 California Legislative Information
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (March 17). Re-referred to Com. on APPR.
2026-03-04 California Legislative Information
Re-referred to Com. on PUB. S.
2026-02-17 California Legislative Information
Re-referred to Com. on RLS.
2026-02-17 California Legislative Information
Withdrawn from committee.
2026-02-13 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
2025-08-18 California Legislative Information
In committee: Hearing postponed by committee.
2025-08-13 California Legislative Information
In committee: Hearing postponed by committee.
2025-07-10 California Legislative Information
Read second time and amended. Re-referred to Com. on APPR.
2025-07-09 California Legislative Information
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 8).
2025-06-19 California Legislative Information
In committee: Hearing postponed by committee.
2025-05-28 California Legislative Information
Referred to Com. on PUB. S.
2025-05-20 California Legislative Information
In Senate. Read first time. To Com. on RLS. for assignment.
2025-05-19 California Legislative Information
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 7. Page 1601.)
2025-05-15 California Legislative Information
Read second time. Ordered to third reading.
2025-05-14 California Legislative Information
From committee: Do pass. (Ayes 13. Noes 1.) (May 14).
2025-05-06 California Legislative Information
Re-referred to Com. on APPR.
2025-05-05 California Legislative Information
Read second time and amended.
2025-05-01 California Legislative Information
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 29).
2025-03-11 California Legislative Information
Re-referred to Com. on PUB. S.
2025-03-10 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
2025-03-10 California Legislative Information
Referred to Com. on PUB. S.
2024-12-10 California Legislative Information
Introduced measure version corrected.
2024-12-03 California Legislative Information
From printer. May be heard in committee January 2.
2024-12-02 California Legislative Information
Read first time. To print.

Official Summary Text

AB 46, as amended, Nguyen.
Diversion.
Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant’s involvement in the alleged offense. Existing law prohibits defendants charged with specified offenses, including murder, from being placed in this diversion program.
This bill would require that the diagnosis
or rediagnosis
with a mental disorder be within 5 years before the alleged offense.
Existing law makes a defendant suitable for this diversion program if, among other criteria, a qualified mental health expert opines that the defendant’s symptoms of the mental disorder that caused, contributed to, or motivated the criminal behavior, would respond to mental health treatment and the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified.
The bill would revise that standard and instead require the court to find that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The bill would require the mental health expert’s opinion to include that the proposed mental health diversion plan is clinically appropriate to address the symptoms of the defendant’s mental
disorder, as specified. The bill would require the court to state the reasons for denial on the record.

Current Bill Text

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