California also provides mental health diversion under Penal Code § 1001.36. This program can address misdemeanor as well as felony charges. Mental health diversion can allow an eligible defendant charged to postpone criminal prosecution while receiving appropriate mental health treatment.

If the defendant successfully completes diversion and the charges are dismissed, California law provides important protections concerning the underlying arrest record.

Mental health diversion is different from ordinary misdemeanor diversion. It has its own eligibility requirements, treatment requirements, statutory exclusions, and public-safety considerations. Mental health diversion is a lot of work ; you will have monthly reviews with the court, you must attend all counseling appointments, follow through on psychiatrist medications if recommended and attend AA or other group programs if the Judge or counselor wants that as a term. You may be ordered to attend anger management or domestic violence classes.

Who May Qualify for Mental Health Diversion?

Under the current California law, a defendant must have a qualifying mental diagnosis and must satisfy the statutory requirements concerning the relationship between the mental disorder and the charged offense.

The defendant must have evidence of a diagnosis or treatment for the qualifying mental disorder within five years before the alleged offense, provided by a qualified mental health expert. The statute also requires that the mental disorder was a significant factor in the commission of the charged offense, subject to the statutory standards.

The court must also determine whether the defendant is suitable for diversion under the statutory criteria.

AB 46 and Mental Health Diversion

California's mental health diversion law was significantly amended by Assembly Bill 46 (2025–2026), which was signed into law on June 29, 2026.

Among other changes, AB 46 requires the qualifying diagnosis or treatment to be within five years before the alleged offense and changes the statutory public-safety standard that courts must consider when deciding whether diversion is appropriate.

Under the amended law, the court must consider whether the defendant presents a substantial and undue risk to the physical safety of another person if treated in the community. The court must also consider the proposed treatment plan and other statutory suitability factors.

Mental health diversion may last up to one year for a misdemeanor and two years for a felony.

Offenses Excluded From Mental Health Diversion

Certain serious offenses are excluded from mental health diversion by statute.

These include, among others murder, voluntary manslaughter, rape, assault with intent to commit rape, sodomy, or oral copulation and most sex charges. 

The precise statutory exclusions should be reviewed because the law contains detailed definitions and exceptions.