Assembly Bill 46 took a big step toward becoming law on Tuesday. The bill, designed to address what many believe is a flaw in the state’s mental health diversion program, was unanimously approved by the Senate Public Safety Committee. Mental health diversion is a program that was signed into law in 2018. It allows some people with mental health issues who have committed crimes to receive treatment instead of going to prison. Supporters of AB46 say they agree with the goal of diversion, but they also think some people are taking advantage of it to avoid spending time behind bars. They also cite several high-profile cases in which offenders have reoffended after they were released on diversion. The Sacramento Sheriff’s Office says Jordan Murray stabbed a man to death in May 2025. Murray is still awaiting trial on murder charges. One judge who spoke to KCRA 3 said he feels like his hands are tied, and said the law makes it difficult to deny someone the program when they apply. AB46 was introduced in 2024 by Assemblywoman Stephanie Nguyen. This would give judges more discretion in granting mental health flexibility. The bill was presented to the Senate Public Safety Committee on Tuesday. At the hearing, the California Public Defenders Association spoke out against AB46, saying it would be a step backwards for criminal justice reform. People who oppose the change in the law say the best course of action for many of these suspects is treatment rather than prison time. They say treatment programs can be very effective and many suspects stay out of trouble after graduation. Nguyen says the bipartisan bill is meant to save California. “I want to make it clear that we are not eliminating the program by any means,” Nguyen said. Subscribe
Assembly Bill 46 took a big step toward becoming law on Tuesday.
The bill, designed to address what many believe is a flaw in the state’s mental health diversion program, was unanimously approved by the Senate Public Safety Committee.
Mental health diversion is a program that was signed into law in 2018. It allows some people with mental health issues who have committed crimes to receive treatment instead of going to jail.
Supporters of AB46 say they agree with the goal of diversion, but they also think some people are taking advantage to avoid staying behind bars.
They also cite several high-profile cases in which offenders have reoffended after they were released on diversion.
The Sacramento Sheriff’s Office says Jordan Murray stabbed a man to death in May 2025. Murray is still awaiting trial on murder charges.
One judge who spoke to KCRA 3 said he feels like his hands are tied, and said the law makes it difficult to deny someone the program when they apply.
AB46 was introduced in 2024 by Assemblywoman Stephanie Nguyen. This would give judges more discretion in granting mental health diversions.
The bill was presented to the Senate Public Safety Committee on Tuesday. At the hearing, the California Public Defenders Association spoke out against AB46, saying it would be a step backwards for criminal justice reform.
People who oppose the change in the law say the best course of action for many of these suspects is treatment rather than prison time. They say treatment programs can be very effective and many suspects stay out of trouble after graduation.
Nguyen says the bipartisan bill is meant to make California safer.
“I want to be clear that by no means are we going to eliminate this program,” Nguyen said. “What we are doing is putting guardrails in place to make it clear that if a judge feels that an individual poses a public safety threat, the judge has the opportunity to deny the mental health program.”
AB46 will now go to the Senate Appropriations Committee.
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