Monterey County District Attorney Jeanine Pacioni Supports Assembly Bill 46 to Strengthen Mental Health Diversion Law

 

SALINAS, California- Monterey County District Attorney Jeannine M. Pacioni announced on March 12 support for Assembly Bill 46 (Nguyen), legislation that would give courts greater discretion to consider public safety when deciding whether a defendant should receive mental health diversion.

This bill closes legal loopholes in California’s mental health diversion law by restoring judicial

discretion and ensuring the program provides treatment while protecting community safety.

Mental health diversion, created under Penal Code §1001.36, was designed to help individuals

suffering from mental illness receive treatment instead of incarceration. However, recent court

rulings and statutory limitations have significantly restricted judges’ ability to deny diversion, even

in serious and violent cases, leaving courts with limited authority to evaluate whether diversion is

truly appropriate.

Under current law, once a defendant meets certain statutory criteria, judges have very limited

discretion to deny diversion. Courts have even been forced to approve diversion in cases where no

clear treatment plan exists, community safety is at risk, or where defendants have failed prior

treatment efforts, due to how the statute is written and interpreted by appellate courts.

Further, once a defendant completes Mental Health Diversion (which often consists of only brief

outpatient treatment rather than any inpatient care), the crime is removed from the defendant’s

criminal history, removing accountability for dangerous crimes as if the crime was never

committed. This puts victims, law enforcement and communities at risk if the program is not

implemented properly.

AB 46 addresses these concerns by allowing courts to consider whether a proposed treatment plan is

clinically appropriate to address the mental health disorder underlying the offense and whether a

defendant poses a substantial and undue risk to the physical safety of another person if treated in the

community.

A recent case in Monterey County highlights the need for courts to have greater discretion when

making diversion decisions. On July 2, 2024, Jane Doe and her husband were driving through

downtown Monterey when the defendant ran toward their car and threw a knife at it, shattering the

passenger-side window where John Doe was seated. The knife flew into the vehicle and bounced

around inside as glass exploded throughout the car, creating a situation where the blade could easily

have lodged in one of the victims or severely cut them, while shards of glass scattered across the

interior. Officers recovered a folding knife with a 3-inch blade from the back seat. The attack was

entirely unprovoked and targeted two strangers who had no prior connection to the defendant.

After fleeing, the defendant admitted he acted out of road rage and told officers he “wanted to teach

this guy a lesson.” Defendant admitted he has an anger problem and “I saw red.” Even afterward,

he blamed the victim entirely, stating the incident “all boiled down to the driving” and that if the

driver had not driven the way he did, “I would have been fine.”

The defendant’s conduct is particularly concerning given his history of similar behavior. He

previously sustained a felony vandalism conviction stemming from what he described as another

“road rage” incident. He also has a prior domestic violence conviction and admitted that court-

ordered anger management classes from his prior case were “a waste of time” and that he “didn’t

learn anything.” Taken together, the defendant’s repeated violent conduct, refusal to accept

responsibility, and disregard for prior court-ordered intervention demonstrate a serious and ongoing

threat to public safety.

The court granted the defendant mental health diversion and ordered him to follow a treatment plan

requiring him to take prescribed medications, attend therapy and psychiatric appointments,

participate in medication management, work with a care coordinator, attend recommended group

and peer support services, participate in substance abuse meetings, and engage in psychoeducation,

along with other conditions. He remains out of custody and is not enrolled in any inpatient

treatment program while completing this diversion plan.

“Diversion was meant to help people with serious mental health needs get treatment, but right now

the system isn’t working the way it should,” said Monterey County District Attorney Jeannine M.

Pacioni. “It shouldn’t become a loophole that allows dangerous offenders to avoid accountability.

Preventing recidivism and protecting public safety requires that judges be able to carefully evaluate

whether a proposed mental health treatment plan will address the behavior that led to the crime,

while also considering any facts that may show a substantial and undue risk to the physical safety of

others before granting diversion. AB 46 gives courts the discretion to look at the whole situation

and make decisions that balance treatment with public safety.”

AB 46 will be heard in the Senate Public Safety Committee on March 17. Members of the public

can watch the hearing live at 8:30 a.m. at: https://spsf.senate.ca.gov/committeehome.