Senator Shannon Grove (R-Bakersfield) announced her legislation Senate Bill 1373 (SB 1373) to reform California’s pretrial Mental Health Diversion program has passed the Senate Public Safety Committee. The bill restores judicial discretion, tightens eligibility requirements, and ensures that violent offenders, particularly those who pose significant risks to public safety and our children, can no longer exploit the program to avoid accountability.
“California’s Mental Health Diversion program is being misused as a ‘get-out-of-jail-free’ card by violent criminals,” said Senator Shannon Grove. “We cannot allow loopholes that let child abusers and repeat violent offenders erase their records and continue to be a risk to public safety. SB 1373 adds some of the most egregious crimes to the list of disqualifying offenses, restores judicial discretion to make evidence-based decisions, and prioritizes public safety and victims’ rights, while allowing legitimate cases to qualify for mental health treatment.”
“California’s Mental Health Diversion law was created with good intentions, to help individuals truly suffering from mental illness who do not pose a risk to public safety. Unfortunately, it has taken a dangerous turn,” Sacramento Sheriff Jim Cooper. “We are seeing violent offenders, including those accused of horrific crimes against children, exploit this law as a means to avoid accountability. Virtually any crime is now eligible for diversion, even in cases involving child abuse resulting in death. Suspects can be diagnosed after their arrest, even by individuals who are not medical doctors, such as licensed marriage and family therapists.”
“Once diversion is completed, the charges are expunged and the record can be sealed, effectively erasing the crime,” continued Sheriff Cooper. “That means someone accused of preying on our most vulnerable could later seek employment as a teacher, coach, counselor, volunteer, or medical professional, with no record of what occurred. This is not what the law was intended to do. It was never meant to serve as a ‘get out of jail free’ card for violent offenders. We must restore accountability, protect victims, and close the loopholes that are putting our communities, and our children, at risk. This is exactly what SB 1373 does. I strongly support this bill and thank Senator Grove for authoring this critical legislation.”
“Our system of justice must protect victims—especially children,” said Assemblymember Maggy Krell. “Mental health diversion is a good option in some cases, but we must reform this law so that it’s not used as a get out of jail free card for defendants who are committing serious crimes like child abuse causing death, human trafficking and domestic violence causing great bodily injury. I appreciate Senator Grove’s deep commitment to victims.”
SB 1373 amends Penal Code Section 1001.36 to address these critical issues:
Restoring judicial discretion to deny diversion, including by requiring that a defendant not pose a “substantial and undue risk to the physical safety of another person” if treated in the community.
Requiring that mental health diagnoses have been made within the last five years of the current offense to trigger the presumption that the disorder was a significant factor in the commission of the offense.
Expanding ineligibility for diversion to serious offenses including human trafficking, felony child abuse or endangerment, corporal injury causing great bodily injury, felony child cruelty, and other specified crimes.
Updating the factors courts consider in suitability determinations to include the defendant’s prior history in a pretrial diversion plan and the severity of injuries to victims.
Requiring an additional hearing if the court intends to summarily grant diversion or other relief.
These reforms preserve diversion for defendants with legitimate, medically supported mental health needs while preventing its misuse in serious and violent cases.
SB 1373 will move to the Senate Appropriations Committee in the coming weeks.