New California Law Allows Pretrial Diversion Based On Mental Health Conditions

Governor Jerry Brown signed a bill into law (AB 1810) in late June which is anticipated to have a huge impact on the California criminal justice system. It is a significant piece of legislation which permits a court to grant pretrial diversion to a defendant charged with a crime based upon the defendant’s mental health condition(s).

The law states that if the court finds (a) the defendant suffers from a mental disorder (including disorders such as bipolar, PTSD, and others); (b) the mental disorder played a significant role in the commission of the offense; (c) the defendant’s motivation to commit the offense would respond to mental health treatment, (d) the defendant agrees to comply with treatment; and (e) the defendant will not pose an unreasonable risk to public safety if treated in the community, then the court may order pretrial intervention which could lead to a dismissal of a misdemeanor or a felony charge.

The new law has sparked a storm of controversy, with opponents complaining that it undermines the entire California criminal justice system. Our opinion at this point is that if the law is used appropriately, and not abused by every defendant irrespective of whether they qualify, it is a step in the right direction as it takes into account mental conditions that contribute to criminal behavior. Further, the court retains ultimate discretion whether to grant the defendant’s petition; it is far from an entitlement to a dismissal. Since successful completion of this pretrial diversion program could lead to a dismissal of charges, this law can be an extremely useful and effective tool for criminal defense attorneys and their clients in California.

Author Bio

David P. Shapiro

David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.

Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.

His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.

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