Bill to limit prison off-ramp for the mentally ill could soon head to Newsom

This is read by an automated voice.Please report any issues or inconsistencies here.

A bill to tighten California’s rules on mental health diversion — a process that allows certain criminal defendants to avoid prison for arrests linked to mental illness — is now on the verge of being signed into law by Gov.Gavin Newsom.Assembly Bill 46, authored by Stephanie Nguyen (D-Elk Grove), gives judges much wider discretion to decide whether a defendant should be eligible for diversion.

Under the current law, judges must presume mental illness was a factor if a defendant with a legitimate diagnosis seeks diversion.In order to defeat a diversion request, the burden is on prosecutors to prove mental health issues were not a factor in the alleged crime.The new measure — which moved through the state Senate with no opposition last month and is expected to clear the reconciliation process in the Assembly this week — also gives judges more latitude to block diversion if a defendant poses “a risk of danger to public safety,” as opposed to the higher “unreasonable risk” standard that was passed in 2018.

Defendants charged with attempted murder will no longer be eligible for diversion under the new bill.Proponents of more inclusive diversion policies argue that many people with mental health issues are locked up in California prisons and jails, where they are unable to receive the help they need.

California Jasmine Hickman, who admitted Tuesday to killing her 7-year-old daughter and newborn baby in 2017, was sent to a state hospital rather than prison after a court found her to be legally insane at the time of the crime.The pending bill’s supporters say its changes are designed to address cases like that of Gilberto Guttierrez, a Los Angeles County man who has been accused of attacking his wife four times over the last 12 years.In 2014, a misdemeanor domestic violence allegation landed Guttierrez on probation.

Three years later, Guttierrez was ordered to take ...