Gov. Gavin Newsom Signs Stephanie Nguyen's AB 46, Expanding Judicial Discretion in California Mental Health Diversion Cases
The measure drew opposition from a small number of Democratic lawmakers and criminal justice reform advocates
SACRAMENTO, Calif. — Gov. Gavin Newsom on Monday signed Assembly Bill 46, a bipartisan measure authored by Assemblymember Stephanie Nguyen, D-Elk Grove, that expands judges' authority to consider public safety when determining whether criminal defendants qualify for California's mental health diversion program.
The new law revises California's mental health diversion statute by removing a legal standard that supporters said had limited judges' ability to deny diversion in cases involving public safety concerns. Instead, AB 46 gives courts broader discretion to evaluate the totality of the circumstances while preserving diversion opportunities for defendants deemed appropriate for treatment.
"California believes treatment and accountability go hand in hand," Newsom said in announcing the bill's signing. "We are proud to preserve mental health diversion for people who can benefit from it while ensuring judges have the discretion they need to protect victims, safeguard communities, and make decisions based on the full picture before them."
The measure was developed over more than three years with input from district attorneys, prosecutors, mental health stakeholders and legislators. Supporters argued the legislation restores balance to a diversion program that had been narrowed by court rulings interpreting existing law.
Nguyen, whose Elk Grove-based district includes portions of Sacramento County, said the bill represents years of collaboration among criminal justice stakeholders.
"Today marks a major milestone. AB 46 has officially been signed into law by the Governor," Nguyen said in a social media statement. "This legislation is the result of three years of collaboration with district attorneys, stakeholders, and legislative partners across California. Together, we worked to strengthen public safety while preserving access to mental health diversion for those who can truly benefit from it."
In the governor's announcement, Nguyen thanked Newsom and the coalition that helped advance the legislation.
"Today marks an important step forward for California's mental health diversion program. AB 46 is the result of more than three years of collaboration and hard work," Nguyen said. "I am proud of where we landed, and I believe this law strengthens public safety while preserving mental health diversion as an important pathway to treatment."
California's mental health diversion program was created to connect eligible defendants with treatment rather than incarceration when appropriate, with the goal of reducing recidivism. According to the governor's office, AB 46 clarifies the law following court decisions that limited how judges could weigh public safety concerns when considering diversion requests.
AB 46 received bipartisan support in the Legislature and was backed by the California District Attorneys Association. While the measure drew opposition from a small number of Democratic lawmakers and criminal justice reform advocates during the legislative process, supporters argued it strikes a balance between expanding access to mental health treatment and ensuring courts can adequately protect public safety.
