California’s mental health diversion law, designed to provide treatment instead of prison for individuals whose criminal behavior stems from mental illness, is now under scrutiny as violent and repeat offenders exploit it—a situation unfolding under Gov. Gavin Newsom’s (D) administration, law enforcement officials warn.
Sacramento County Sheriff Jim Cooper called the policy “terrible” and said “career criminals” are using it to evade accountability.
Enacted in 2018 under AB 1810 and SB 215 and codified in Penal Code 1001.36, the law allows eligible defendants to pause their criminal proceedings and enter court-approved mental health programs.
Successful completion can result in dismissed charges and cleared court records, a process originally intended to rehabilitate those whose mental health contributed to criminal acts, according to Fox News.
Sheriff Cooper noted that diversion has a legitimate role for defendants with minor offenses or addiction-related issues but argued that the system has become overly permissive.
“There’s room for diversion somewhere, especially someone that has an addiction problem,” he said. “But what’s happened is they open the gates wide. So right now everyone’s taking advantage of it. A lot of criminals are. They’re really abusing the system, and that’s the unfortunate part about it.”
The Sacramento County Sheriff’s Office highlighted alarming incidents illustrating the program’s unintended consequences.
Cases include a one-year-old beaten to death, a 20-month-old with dozens of injuries and a toddler assaulted while a parent watched remotely; in all situations, the perpetrators were reportedly eligible for diversion.
Another example involved 44-year-old Darren Campoy, who, despite being on post-release supervision for a 2021 bank robbery, received diversion earlier this year and allegedly robbed a bank again within months.
Statewide data suggest these issues may not be isolated.
The Judicial Council of California reports a marked increase in diversion petitions since the law’s enactment, with significant variation across counties in program approvals and completion rates.
A 2024 RAND study also noted disparities in program oversight and access, highlighting gaps in monitoring, eligibility checks, and follow-up treatment.
The law’s eligibility criteria are broad.
Only murder, voluntary manslaughter, rape and sex offenses requiring registration are excluded.
Felonies such as armed robbery or assault, along with nearly all DSM‑5 mental health conditions (excluding borderline personality disorder, antisocial personality disorder, and pedophilia), can qualify.
Experts argue this scope allows dangerous offenders to exploit the system.
Legislators are attempting reforms. Assemblymember Maggy Krell’s AB 433 would bar defendants charged with child abuse, endangerment or serious injury from diversion.
Cooper called it “a big step in the right direction, but much is left to be done.”
A spokesperson for Gov. Newsom emphasized that referral decisions rest with judges under Penal Code 1001.36.
While the governor does not review individual cases, the office maintains that diversion is meant to protect public safety by providing treatment for those whose crimes stem from mental illness.
Sheriff Cooper vowed to continue pushing for legislative reform and exposing cases that show the system’s weaknesses.
“We’re gonna hold folks accountable as much as we can… Until the law changes, we’re gonna let you know about it,” he said.
By combining high-profile case studies with statewide analysis and research findings, this review suggests that while mental health diversion serves a critical rehabilitative function, its current implementation may leave communities at risk from repeat offenders.
