California recently passed Assembly Bill 46 (AB 46), bringing important changes to the state’s mental health diversion law. If you or a loved one is facing criminal charges and has a qualifying mental health condition, these updates could affect whether diversion is available.

Mental health diversion is designed to give eligible defendants an opportunity to receive treatment instead of immediately moving through the traditional criminal justice system. While diversion is not available in every case, AB 46 changes several key rules that courts must consider under California Penal Code 1001.36 (PC 1001.36).

Here’s what you should know.

What Is Mental Health Diversion?

Mental health diversion allows some defendants charged with certain misdemeanor or felony offenses to pause their criminal case while receiving treatment for a qualifying mental health disorder.

If the defendant successfully completes the diversion program, the court may dismiss the criminal charges. Under California Penal Code 1001.36 (PC 1001.36), successful completion can also allow the arrest to be treated as though it never occurred for many purposes, subject to limited exceptions.

The purpose of diversion is to address the underlying mental health condition that may have contributed to the alleged offense while also promoting rehabilitation and reducing future involvement with the criminal justice system.

However, diversion remains discretionary. Even if someone appears to qualify, the court must still decide whether diversion is appropriate.

What Changed Under AB 46?

AB 46 updates several important parts of California Penal Code 1001.36 (PC 1001.36).

Some of the biggest changes include:

• A qualifying diagnosis or treatment for a diagnosed mental disorder must generally have occurred within five years before the alleged offense.
• Mental health experts must now explain why the proposed diversion treatment plan is clinically appropriate for the defendant’s condition.
• Courts must determine that the defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community.
• If a judge denies diversion, the court must now state the reasons on the record.

These changes are intended to provide clearer standards for courts while helping ensure that diversion is reserved for defendants who are appropriate candidates for treatment.

Who May Qualify for Diversion?

Every case is different, but a defendant generally must satisfy several requirements under California Penal Code 1001.36 (PC 1001.36).

Among other things, the court will consider whether:

• The defendant has a qualifying mental health disorder.
• The mental disorder was a significant factor in the alleged offense.
• The proposed treatment plan is appropriate.
• The defendant is willing and able to comply with treatment, when required.
• Community-based treatment can be completed safely.

Certain serious offenses remain ineligible for diversion, including murder, most registrable sex offenses, rape, continuous sexual abuse of a child, and several other crimes specifically listed in the statute.

Because eligibility depends on the facts of each case, it is important to have an attorney review your situation as early as possible.

Why AB 46 Matters

Mental health can play a significant role in criminal cases. Rather than focusing only on punishment, California law recognizes that treatment may sometimes be a better solution for both defendants and the community.

For eligible individuals, diversion may provide important benefits, including:

• Receiving mental health treatment instead of immediate prosecution
• Avoiding a traditional criminal conviction if diversion is successfully completed
• Having charges dismissed upon successful completion of the program
• Improving long-term opportunities for employment and housing

At the same time, diversion is not automatic. Prosecutors may oppose a request, and judges will carefully evaluate medical evidence, treatment plans, criminal history, victim rights, and public safety concerns before making a decision.

That is why thorough preparation can make a meaningful difference.

Why Having a Criminal Defense Attorney Is So Important

AB 46 did not create automatic eligibility for diversion. Instead, it refined how courts evaluate requests under California Penal Code 1001.36 (PC 1001.36).

An experienced criminal defense attorney can:

• Determine whether diversion may be available.
• Gather medical records and supporting documentation.
• Work with qualified mental health experts.
• Present evidence showing the mental health condition contributed to the alleged offense.
• Advocate for treatment rather than traditional prosecution whenever appropriate.

The sooner your attorney begins building your case, the more opportunities there may be to pursue diversion if it is available.

Contact Inland Empire Criminal Defense Today

If you or someone you love is facing criminal charges and a mental health condition may have played a role, don’t assume that jail is your only option. Recent changes under AB 46 may affect whether mental health diversion is available in your case under California Penal Code 1001.36 (PC 1001.36).

Call Inland Empire Criminal Defense today at 909-939-7126 to speak with an experienced criminal defense attorney who has handled hundreds of cases similar to yours. We will review your case, explain your legal options, and fight for the best possible outcome. Your first consultation is free.