Criminal
Aug. 21, 2026
Misdemeanor DUI needs a mental health diversion exception
California's mental health diversion law creates an anomaly for misdemeanor DUI defendants: those found incompetent or eligible for military diversion may receive treatment, while similarly ill but legally competent defendants remain categorically barred.
Seven weeks ago, the Legislature enacted Assembly Bill 46. It will amend Penal Code Section 1001.36, California's mental health diversion law. It takes effect Jan. 1, 2027. Mental health diversion is pretrial diversion for a qualifying defendant with a mental disorder, a process that pauses prosecution for court-supervised treatment before trial.
Assembly Bill 46's amendments to Section 1001.36 will require a qualifying diagnosis within five years before the offense, an expert op...
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