UNJUST –
June 29, 2026 – A new California law gives just more flexibility to keep defendants in jail rather than releasing them to community-based mental health treatment programs. Gov. Gavin Newsom has signed into law a change to criminal sentencing practices that gives judges more discretion to decide whether someone accused of a crime merits a mental health diversion. The bill overwhelmingly passed both chambers of the Legislature this year.
Beginning in 2018, the state of California asked judges to grant a mental health diversion for most crimes if a qualifying mental health diagnosis was a significant factor in the commission of the crime and the person accused would “not pose an unreasonable risk of danger to public safety.” Diversion programs allow people to avoid incarceration if they receive treatment.
