A controversy has arisen in California over the application of the state's mental health diversion law, Penal Code 1001.36, with law enforcement officials, including Sacramento County Sheriff Jim Cooper, raising concerns about its exploitation by violent and repeat offenders. The law, which came into effect in 2018 with the passing of AB 1810 and SB 215, permits eligible defendants to halt criminal proceedings to engage in court-sanctioned mental health treatments. Upon successful completion, charges may be dropped, and records expunged.
Sheriff Cooper has labeled the policy as "terrible," asserting that it enables "career criminals" to circumvent justice. While acknowledging the benefits of diversion for individuals with minor offenses or addiction issues, Cooper argues that the law’s generous scope has led to its abuse. The Sacramento County Sheriff’s Office has cited disturbing cases where individuals accused of violent acts, including child abuse resulting in death, were deemed eligible for diversion.
The law's eligibility criteria are broad, excluding only certain serious crimes such as murder, voluntary manslaughter, rape, and sex offenses requiring registration. This allows for a wide range of felonies and nearly all DSM-5 mental health conditions, with few exceptions, to qualify for diversion. The expansive nature of these criteria has come under fire for potentially enabling dangerous offenders to misuse the system to avoid incarceration.
Statewide data reflect a surge in diversion petitions since the law’s enactment, with disparities in approval and completion rates across different counties. A 2024 RAND study pointed out inconsistencies in program oversight, checks for eligibility, and subsequent treatment, suggesting that the policy's implementation may be flawed.
In response to these issues, legislators are considering reforms. Assemblymember Maggy Krell has introduced AB 433, which seeks to restrict diversion for those charged with child abuse or causing serious injury. Sheriff Cooper welcomed the bill as progress, though he emphasizes that more needs to be done.
A spokesperson for Governor Gavin Newsom has stated that the referral to diversion programs is at the discretion of judges as per Penal Code 1001.36. The governor's office contends that the purpose of diversion is to enhance public safety by treating those whose criminal actions stem from mental illness. However, Sheriff Cooper remains committed to advocating for legislative changes and bringing attention to cases that highlight the law’s shortcomings.
By examining high-profile incidents alongside a broader analysis of the law's impact, it is evident that while the intent of mental health diversion is to facilitate rehabilitation, its current application raises concerns regarding community safety and the potential for recidivism. This complex issue underscores the challenges in balancing the needs of mental health treatment with the imperative of public safety.
