AB 1946 Summary

• Requires county boards of supervisors to adopt a plan establishing a pretrial diversion program before diversion can be granted to individuals charged with felonies involving mental health issues, with exceptions for individuals already granted diversion before the bill's effective date.

• Makes defendants ineligible for mental health diversion if charged with murder, voluntary manslaughter, rape, sex offenses requiring registration, or other serious violent crimes specified in the statute.

• Authorizes courts to grant a one-year extension of the standard two-year diversion period if the mental health treatment provider recommends extension for safe transition to ongoing community services.

• Prohibits individuals granted diversion from purchasing, possessing, or controlling firearms during diversion and for five years after successful completion, with a process allowing petitions to restore firearm rights.

• Requires courts to conduct hearings to determine if restitution is owed to victims and order its payment during the diversion period, provided that inability to pay due to indigence or mental disorder is not a basis for denial of diversion.