CA AB46

Requires mental health diagnoses used to qualify for pretrial diversion to be made within 5 years before the alleged offense, with evidence including diagnosis or treatment by a qualified mental health expert

Changes the public safety standard for diversion eligibility from "unreasonable risk of danger to public safety" to requiring courts to find defendants will not pose "a substantial and undue risk to the physical safety of another person" if treated in the community

Requires mental health experts to opine that the proposed diversion treatment plan is "clinically appropriate to address the symptoms of the defendant's mental disorder" that caused or contributed to the charged offense

Maintains the clear and convincing evidence standard for determining whether a mental disorder was a significant factor in the offense when the defendant has a qualifying diagnosis within 5 years

Requires courts to state reasons on the record when denying diversion and applies to misdemeanor and felony offenses except murder, voluntary manslaughter, rape, and certain sex offenses