CA AB3077

Removes borderline personality disorder as an exclusion from pretrial mental health diversion programs, allowing individuals with this diagnosis to be eligible for diversion away from the criminal justice system.

Removes borderline personality disorder as an exclusion when courts evaluate mitigating circumstances related to mental illness when considering whether to dismiss criminal enhancements.

Defines mental illness for these purposes as disorders identified in the Diagnostic and Statistical Manual of Mental Disorders, including bipolar disorder, schizophrenia, and schizoaffective disorder, while continuing to exclude antisocial personality disorder and pedophilia.

Maintains existing provisions for the Mental Health Diversion Fund, which collects penalty payments from counties based on felony incompetent-to-stand-trial determinations and redistributes funds to support county diversion programs.

Includes a conditional operative clause regarding Section 4361 coordination with Senate Bill 1323, effective only if both bills are enacted and this bill is enacted after SB 1323.