Newsom signs bill to give judges more power to deny mental health diversion

June 30, 2026 - 09:00

California Governor Gavin Newsom has signed a new bill that gives judges greater authority to deny mental health diversion for criminal defendants. The legislation, known as Assembly Bill 46, was written by Assemblymember Stephanie Nguyen, a Democrat from Elk Grove. It aims to address growing concerns about public safety and accountability within the state's mental health diversion program.

Under the previous system, defendants who qualified for mental health treatment could often avoid jail time or traditional sentencing, even in cases involving serious crimes. Critics argued that this approach sometimes allowed dangerous individuals to remain in the community without sufficient oversight. The new law empowers judges to evaluate each case more carefully and to reject diversion if they believe it poses a risk to public safety.

Supporters of the bill say it strikes a better balance between providing mental health care and protecting communities. They point to cases where defendants with violent histories were diverted into treatment programs, only to reoffend. Opponents, however, worry that the change could undermine efforts to treat mental illness and reduce mass incarceration. They argue that judges already had discretion and that the new law may lead to more people being sent to prison instead of getting the help they need.

Newsom signed the bill without public fanfare, but his office released a statement noting that the administration remains committed to mental health reform while also ensuring accountability. The law takes effect immediately, and court officials across California are now preparing to implement the new guidelines.