Full Breakdown
California Lawmakers Propose Reforms to Mental Health Diversion Programs
2/25/2026, 3:32:55 AM
Legislative Changes to Mental Health Diversion
A bipartisan group of California legislators is advocating for significant reforms to the state's mental health diversion programs, which they argue have inadvertently allowed some criminals to evade prosecution. Senate Bill 1373, introduced by state Senator Shannon Grove (R-Bakersfield), aims to tighten eligibility criteria for these programs, which were established under Assembly Bill 1810 in 2018. This legislation permits defendants with qualifying mental disorders to enter diversion programs for treatment instead of facing traditional prosecution. If they successfully complete the program, their charges can be dismissed and their records sealed.
Senator Grove expressed concern that the original intent of the program—to provide treatment for low-level offenders—has been undermined. “However well-intended this program was... it did not come with enough guardrails and has become a get-out-of-jail-free card,” she stated. The proposed reforms would require that a defendant's mental disorder be diagnosed within five years of the charged offense and expand the list of disqualifying crimes to include serious offenses such as attempted murder, kidnapping, carjacking, and human trafficking.
Unintended Consequences Highlighted
Critics of the current mental health diversion system cite alarming cases that illustrate its potential dangers. Senator Roger Niello (R-Fair Oaks) referenced the 2023 homicide of Carlos Romero, allegedly committed by Jordan Murray, who had previously benefited from mental health diversion after being arrested for theft and assault. Niello described this incident as a “perfect example” of the unintended consequences of the existing law, emphasizing the need for reform.
Another case involved Ramiro Ochoa Mendoza, who, after being granted diversion, allegedly committed a brutal murder just days later. These incidents have raised serious concerns about public safety and the effectiveness of the diversion programs.
Support for Reform
Support for SB 1373 extends beyond Republican lawmakers. Democratic Assemblymember Maggy Krell, a co-author of the bill and former Sacramento district attorney, acknowledged the need for mental health diversion but emphasized that the state lacks adequate treatment placements for individuals with genuine mental health issues. Krell noted that nearly half of criminal cases in Sacramento involve petitions for diversion, highlighting the system's current strain.
San Francisco District Attorney Brooke Jenkins also voiced her support for reforming the mental health diversion laws, stating, “We have seen far too many serious and violent felonies make their way into mental health diversion, allowing dangerous people back on to our streets to reoffend.” Jenkins advocates for exclusions of certain crimes as a necessary step toward comprehensive reform for public safety.
Conclusion
As California legislators move forward with SB 1373, the debate surrounding mental health diversion programs continues to evolve. The proposed changes aim to balance the need for mental health treatment with the imperative of public safety, addressing concerns that the current system may inadvertently facilitate reoffending among serious criminals.
