Fresno DA Calls for Stricter Mental Health Diversion Laws in California
Fresno County District Attorney Lisa Smittcamp is spearheading a push to reform California’s mental health diversion laws, arguing that current regulations are too lenient and pose a risk to public safety. The proposed changes, embodied in Assembly Bill 46 (AB 46), aim to tighten eligibility criteria for diversion programs, which allow defendants with mental health conditions to avoid jail time in favor of treatment.
The Current System and Concerns
Mental health diversion programs are designed to prioritize treatment over punishment for individuals whose crimes are linked to underlying mental health issues. However, Smittcamp contends that the existing laws lack sufficient safeguards, enabling diversion to be granted in cases where it may not be appropriate. She highlighted a case in Fresno involving a man convicted of a near-fatal stabbing who had previously benefited from diversion, raising concerns about the potential for misuse.
“Depression and anxiety are things that are very easily diagnosed,” Smittcamp stated in a recent interview. “And then the court doesn’t have any authority under the currently written law to say, ‘I’m sorry, you’re not eligible or suitable.’”
Proposed Changes with AB 46
AB 46 proposes to address these concerns by requiring a mental health diagnosis to have occurred within five years of the alleged crime. This aims to ensure that diversion programs are reserved for individuals currently grappling with and actively addressing their mental health challenges. According to Smittcamp, this will help ensure that those entering diversion are “legitimately somebody with a mental health diagnosis, who is attempting to get better, who is being proactive in their own mental health progress.”
Legislative Progress and Opposition
The bill has been under consideration in the California Statehouse for over a year, undergoing amendments in both the Senate and the Assembly. It is scheduled for a critical committee hearing next Tuesday. While Smittcamp acknowledges that defense attorneys may view the proposed changes as overly restrictive, she believes that clearer guidelines will ultimately lead to fairer and more balanced decisions for both defendants and the public. “I don’t know that there would be defense attorneys that would think that this was a bad thing because when the law is poorly written, it is poorly written for everyone,” Smittcamp said.
Broader Context and Support
Smittcamp’s advocacy aligns with a growing movement among California prosecutors seeking reform of mental health diversion laws. The California District Attorneys Association has voiced similar concerns about the misuse of diversion programs, and Smittcamp has joined a coalition of DAs supporting AB 46. The Fresno County District Attorney likewise emphasized that diversion programs “can be an important tool for a certain population of people to ensure individuals suffering from legitimate mental illness receive treatment.”
As of March 14, 2026, the bill’s fate remains uncertain, but the debate underscores the ongoing challenge of balancing rehabilitation with public safety within the criminal justice system.