SB 1400 Summary

• Removes the option for courts to dismiss misdemeanor cases when defendants are found mentally incompetent and instead requires courts to hold hearings to determine eligibility for mental health diversion or other treatment options.

• Allows mentally incompetent defendants charged with misdemeanor driving under the influence to participate in mental health diversion programs, despite existing prohibitions on suspending DUI proceedings for education or treatment.

• Requires charges to be dismissed at specified timeframes (6 months for assisted outpatient treatment or CARE program, 90 days for conservatorship petitions) if the defendant is accepted into these services, or immediately if the defendant does not qualify for any services.

• Expands CARE Act data collection and reporting requirements to include information on active and former participants (12-36 months post-program), outreach activities, petition timelines, referral contacts, and demographic disparities, with annual reports to begin in 2026.

• Imposes state-mandated local program requirements on county behavioral health agencies to collect and report expanded data measures in consultation with the State Department of Health Care Services and courts.