SACRAMENTO, CA (MPG) - On March 17, Assembly Bill 46 authored by Assemblymember Stephanie Nguyen (D-Elk Grove) passed the Senate Public Safety Committee on a unanimous bipartisan vote. The bill strengthens judicial discretion in California’s mental health diversion program while preserving access to treatment and rehabilitation. 

“California created mental health diversion so people struggling with mental illness can receive treatment when it plays a role in criminal behavior,” Nguyen said. “But judges should not feel constrained when they believe public safety may be at risk. Today’s vote moves us one step closer to the finish line and ensures courts can protect victims and communities while maintaining diversion as an important pathway to treatment.”

“I commend the California Senate Public Safety Committee for its thoughtful review of AB 46 and for advancing this critical public safety and mental health legislation,” said Sacramento County District Attorney Thien Ho. “I am also grateful to Assemblymember Stephanie Nguyen for authoring AB 46 and working closely with criminal justice and community organizations to balance mental-health diversion laws by ensuring we provide treatment to those who need it while maintaining the safety of our communities.”

“For too long, judges have been forced to put aside their common sense and experience when considering whether a defendant is too dangerous to receive treatment in the community,” said Chief Executive Officer Greg Totten of the California District Attorneys Association. “Thankfully, AB 46 will fix this dangerous law by restoring judicial discretion in the critical decision of whether to grant mental health diversion.” 

The legislation is co-sponsored by the California District Attorneys Association and district attorneys across California.

Assembly Bill 46 now heads to the senate appropriation committee for further consideration.