Fresno County District Attorney Lisa Smittcamp is pushing to reform California’s mental health diversion law, arguing it needs new guardrails and restrictions to empower judges to make more stringent eligibility decisions. Diversion allows some defendants to avoid jail time by completing a treatment program, after which their case can be dismissed—a mechanism intended to prioritize treatment over punishment.
According to Smittcamp, the law is often misused because depression and anxiety are easily diagnosed, leaving courts without authority to deny eligibility to unsuitable candidates. The California District Attorneys Association recently highlighted an example from Fresno where a man convicted of a near-deadly random stabbing attack at Lithia Ford had previously received diversion. Smittcamp has joined a growing list of prosecutors advocating for AB 46, a proposed reform bill that would impose stricter eligibility criteria.
AB 46 would require that a mental health diagnosis occur within five years before the alleged crime, ensuring that candidates are legitimately dealing with a recent mental health issue and actively working toward recovery. “It means you legitimately have somebody with a mental health diagnosis, who is attempting to get better, who is being proactive in their own mental health progress,” Smittcamp said. The bill has moved through the statehouse for more than a year, facing amendments in both the Senate and Assembly, and is set for a critical committee hearing. Smittcamp noted that restricting the law is not about being too tough, stating that a poorly written law harms everyone, including defense interests.
This article is an AI-assisted summary. All facts and figures are drawn from the original report: https://abc30.com/post/fresno-district-attorney-calls-changes-states-mental-health-diversion-laws/18711705/