SB1373 - Diversion.

Amended IN Assembly July 02, 2026 Amended IN Assembly June 16, 2026 Amended IN Senate April 15, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 1373 Introduced by Senator Grove (Coauthors: Senators Niello, Rubio, and Stern) (Coauthor: Assembly Member Krell) February 20, 2026 An act to amend Section 1001.36 of the Penal Code, relating to criminal procedure. diversion. LEGISLATIVE COUNSEL'S DIGEST SB 1373, as amended, Grove. Mental health diversion. Diversion. Existing law authorizes the court to grant pretrial diversion to a defendant diagnosed with a mental disorder if the defendant satisfies certain eligibility requirements and if the court determines that the defendant is suitable for diversion. Existing law provides that a defendant is eligible for diversion if they have been diagnosed with certain mental disorders and the court finds that the mental disorder was a significant factor in the commission of the charged offense, unless there is clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant’s involvement in the alleged offense. Existing law excludes a defendant from diversion for specified charged offenses, including, among others, murder, voluntary manslaughter, rape, or continuous sexual abuse of a child, as specified. This bill would require the court to find that the defendant’s mental disorder was a significant factor in the commission of the offense only if the mental disorder had been diagnosed or rediagnosed within 5 years of the current offense. The bill would add to the list of crimes for which a defendant is prohibited from being placed into a diversion program to include, among other things, human trafficking and child abuse, as specified. Existing law makes a defendant suitable for this diversion program if, among other criteria, the defendant will not pose an unreasonable risk of danger to public safety if treated in the community, as specified. The bill would instead make the defendant suitable for diversion if they do not pose a substantial and undue risk to the physical safety of another person and would add to the list of things the court may specifically consider in making that determination, including the defendant’s prior history in a pretrial diversion plan and the severity of injury to the victim. Existing law authorizes a court to grant pretrial diversion to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, to allow the defendant to undergo mental health treatment. Existing law prescribes specified criteria for a defendant to be eligible for pretrial diversion and for a court to consider whether the defendant is suitable for pretrial diversion. Existing law authorizes a court to require the defendant to make a prima facie showing that they will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion and authorizes the court, if that showing is not made, to summarily deny diversion and grant alternate relief. This bill, if the court intends to summarily grant diversion or any other relief, would require the court to conduct an additional hearing if requested by either party. By increasing the duties on local prosecutors, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 1001.36 of the Penal Code is amended to read: 1001.36. (a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion, and after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant satisfies the eligibility requirements for pretrial diversion set forth in subdivision (b) and the court determines that the defendant is suitable for that diversion under the factors set forth in subdivision (c). (b) A defendant is eligible for pretrial diversion pursuant to this section if both of the following criteria are met: (1) The defendant has been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. Evidence of the defendant’s mental disorder shall be provided by the defense and shall include a diagnosis or treatment for a diagnosed mental disorder within the last five years by a qualified mental health expert. In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant’s medical records, arrest reports, or any other relevant evidence. (2) The defendant’s mental disorder was a significant factor in the commission of the charged offense. If the defendant has been diagnosed or rediagnosed with a mental disorder within five years of the current offense, based on the evidence offered in paragraph (1), the court shall find that the defendant’s mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense. A court may consider any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense. (c) For any defendant who satisfies the eligibility requirements in subdivision (b), the court shall consider whether the defendant is suitable for pretrial diversion. A defendant is suitable for pretrial diversion if all of the following criteria are met: (1) In the opinion of a qualified mental health expert, the defendant’s symptoms of the mental disorder causing, contributing to, or motivating the criminal behavior would respond to mental health treatment. (2) The defendant consents to diversion and waives the defendant’s right to a speedy trial, or a defendant has been found to be an appropriate candidate for diversion in lieu of commitment pursuant to clause (iii) of subparagraph (B) of, or clause (v) of subparagraph (C), of, paragraph (1) of subdivision (a) of Section 1370, or subparagraph (A) of paragraph (1) of subdivision (b) of Section 1370.01 and, as a result of the defendant’s mental incompetence, cannot consent to diversion or give a knowing and intelligent waiver of the defendant’s right to a speedy trial. (3) The defendant agrees to comply with treatment as a condition of diversion, or the defendant has been found to be an appropriate candidate for diversion in lieu of commitment for restoration of competency treatment pursuant to clause (iii) of subparagraph (B) of, or clause (v) of subparagraph (C) of, paragraph (1) of subdivision (a) of Section 1370 or subparagraph (A) of paragraph (1) of subdivision (b) of Section 1370.01 and, as a result of the defendant’s mental incompetence, cannot agree to comply with treatment. (4) The defendant will not pose a substantial and undue risk to the physical safety of another person if treated in the community. The court may consider the opinions of the district attorney, the defense, or a qualified mental health expert, and may consider the defendant’s treatment plan, the defendant’s prior history in a pretrial diversion plan, the degree of danger posed to the community as evidenced by the defendant’s prior violence and criminal history, the current charged offense, the severity of injuries to victims, and any other factors that the court deems appropriate. The court shall consider the victim’s rights pursuant to subdivision (b) or Section 28 of Article I of the California Constitution. (d) A defendant shall not be placed into a diversion program, pursuant to this section, for the following current charged offenses: (1) Murder or voluntary manslaughter. (2) An offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314. (3) Rape. (4) Lewd or lascivious act on a child under 14 years of age. (5) Assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220. (6) Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1. (7) Continuous sexual abuse of a child, in violation of Section 288.5. (8) A violation of subdivision (b) or (c) of Section 11418. (9) Child abuse and endangerment, in violation of Section 273a, if charged as a felony. (10) Assault of a child under eight years of age resulting in the death of the child, in violation of Section 273ab. (11) Human trafficking, in violation of Section 236.1. (12) Corporal injury, in violation of Section 273.5, that causes great bodily injury. (13) Inflicting cruel or inhuman corporal punishment on a child resulting in an injury, in violation of Section 273d, if charged as a felony. (e) At any stage of the proceedings, the court may require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion. The hearing on the prima facie showing shall be informal and may proceed on offers of proof, reliable hearsay, and argument of counsel. If a prima facie showing is not made, the court may summarily deny the request for diversion or grant any other relief as may be deemed appropriate. If the court intends to summarily grant diversion or any other relief, the court shall, if requested by either party, conduct an additional hearing. (f) As used in this chapter, the following terms have the following meanings: (1) “Pretrial diversion” means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to all of the following: (A) (i) The court is satisfied that the recommended inpatient or outpatient program of mental health treatment will meet the specialized mental health treatment needs of the defendant. (ii) The defendant may be referred to a program of mental health treatment utilizing existing inpatient or outpatient mental health resources. Before approving a proposed treatment program, the court shall consider the request of the defense, the request of the prosecution, the needs of the defendant, and the interests of the community. The treatment may be procured using private or public funds, and a referral may be made to a county mental health agency, existing collaborative courts, or assisted outpatient treatment only if that entity has agreed to accept responsibility for the treatment of the defendant, and mental health services are provided only to the extent that resources are available and the defendant is eligible for those services. (iii) If the court refers the defendant to a county mental health agency pursuant to this section and the agency determines that it is unable to provide services to the defendant, the court shall accept a written declaration to that effect from the agency in lieu of requiring live testimony. That declaration shall serve only to establish that the program is unable to provide services to the defendant at that time and does not constitute evidence that the defendant is unqualified or unsuitable for diversion under this section. (B) The provider of the mental health treatment program in which the defendant has been placed shall provide regular reports to the court, the defense, and the prosecutor on the defendant’s progress in treatment. (C) The period during which criminal proceedings against the defendant may be diverted is limited as follows: (i) If the defendant is charged with a felony, the period shall be no longer than two years. (ii) If the defendant is charged with a misdemeanor, the period shall be no longer than one year. (D) Upon request, the court shall conduct a hearing to determine whether restitution, as defined in subdivision (f) of Section 1202.4, is owed to any victim as a result of the diverted offense and, if owed, order its payment during the period of diversion. However, a defendant’s inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. (2) “Qualified mental health expert” includes, but is not limited to, a psychiatrist, psychologist, a person described in Section 5751.2 of the Welfare and Institutions Code, or a person whose knowledge, skill, experience, training, or education qualifies them as an expert. (g) If any of the following circumstances exists, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether the criminal proceedings should be reinstated, whether the treatment should be modified, or whether the defendant should be conserved and referred to the conservatorship investigator of the county of commitment to initiate conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code: (1) The defendant is charged with an additional misdemeanor allegedly committed during the pretrial diversion and that reflects the defendant’s propensity for violence. (2) The defendant is charged with an additional felony allegedly committed during the pretrial diversion. (3) The defendant is engaged in criminal conduct rendering the defendant unsuitable for diversion. (4) Based on the opinion of a qualified mental health expert whom the court may deem appropriate, either of the following circumstances exists: (A) The defendant is performing unsatisfactorily in the assigned program. (B) The defendant is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision [Text truncated for display. Full text available on Congress.gov.]