Bill to limit prison off-ramp for the mentally ill could soon head to California Gov. Gavin Newsom

A bill to tighten California's mental health diversion rules is moving toward Governor Gavin Newsom's desk. Assembly Bill 46, authored by Stephanie Nguyen, would give judges broader discretion to determine diversion eligibility, reversing the current presumption that mental illness is a factor when a diagnosed defendant seeks diversion. Prosecutors would need to prove the absence of mental illness to defeat a diversion request. The measure also lets judges block diversion if a defendant poses a risk to public safety, replacing the 2018 standard of 'unreasonable risk.' Defendants charged with attempted murder would be excluded from diversion. Supporters say it addresses jail crowding and treatment gaps.