SB 1223 Summary

• Changes mental health diversion eligibility from court finding to requiring a diagnosis of a mental disorder within the last 5 years from a qualified mental health expert, including psychiatrists, psychologists, and qualified treatment providers.

• Shifts the burden of proof so courts must find a defendant's mental disorder was a significant factor in committing the offense unless clear and convincing evidence proves otherwise, rather than requiring the defendant to demonstrate this nexus.

• Reduces diversion periods from up to 2 years to 1 year maximum for misdemeanor defendants, while maintaining the 2-year limit for felony charges.

• Allows county mental health agencies unable to provide services to submit written declarations in lieu of testifying about service unavailability, protecting such declarations from being used as evidence against diversion eligibility.

• Incorporates alternative provisions if SB 1338 is also enacted, including referral options to assisted outpatient treatment, conservatorship proceedings, and CARE programs for defendants found ineligible for diversion.