San Joaquin County District Attorney Ron Freitas Celebrates Passage of Mental Health Diversion Reform Bill AB 46

STOCKTON, CA – San Joaquin County District Attorney Ron Freitas today announced the successful passage of Assembly Bill 46 (Nguyen) through the California Legislature. The critical public safety measure, co-sponsored by the San Joaquin County District Attorney’s Office and the California District Attorneys Association (CDAA), now heads to Governor Gavin Newsom’s desk for signature.

AB 46 strengthens and clarifies California’s mental health diversion statute (Penal Code section 1001.36). The bill fixes structural gaps in the current law to restore a balanced, common-sense approach to diversion decisions. It ensures the process remains focused on treatment while strictly protecting community safety.

"Public safety and accountability must go hand-in-hand with rehabilitation," said San Joaquin County District Attorney Ron Freitas. "By co-sponsoring AB 46, our office is fighting to give judges the clarity they need to evaluate a defendant's dangerousness accurately. This bill closes dangerous loopholes that allowed diversion to extend to individuals with histories of serious violence or repeat felonies, ensuring our diversion programs serve their true purpose: helping those who can be safely treated without compromising the safety of San Joaquin County residents."

While mental health diversion plays a vital role in reducing recidivism and connecting individuals to treatment, the implementation of current laws revealed significant flaws. Specifically, diversion has occasionally been granted in cases involving severe violence, chronic felony offenses, or based on outdated medical diagnoses unrelated to the crime. AB 46 directly addresses these flaws by reinforcing structural safeguards.

District Attorney Freitas extends his gratitude to Assemblymember  Nguyen for authoring the measure, the CDAA, and fellow co-sponsoring District Attorney’s offices across the state, including Fresno, Los Angeles, Orange, Placer, Riverside, Sacramento, and San Diego counties.

The bill will automatically become law within 12 days unless vetoed by the Governor. District Attorney Freitas strongly urges Governor Newsom to sign AB 46 into law immediately.