California 2017-2018 Regular Session

California Assembly Bill AB1946

Introduced
1/29/18  
Introduced
1/29/18  
Refer
3/19/18  
Report Pass
3/21/18  
Refer
3/22/18  
Refer
3/22/18  
Report Pass
8/29/18  
Report Pass
8/29/18  
Refer
8/30/18  

Caption

Public safety: mentally disordered individuals: diversion.

Impact

The bill revises existing laws concerning the diversion of individuals with mental disorders in the criminal justice system. It requires county boards of supervisors to develop diversion programs before such relief can be granted, particularly for individuals charged with felonies. This amendment to the law is intended to increase oversight and accountability in the diversion process, allowing local jurisdictions to better tailor the programs to their specific needs while balancing public safety concerns. The inclusion of crime eligibility restrictions, particularly barring serious offenders such as those charged with murder or rape from these programs, also reflects a commitment to maintaining public safety.

Summary

Assembly Bill 1946, introduced by Assembly Member Cervantes, aims to strengthen protections against elder and dependent adult abuse while also reforming the diversion process for individuals with mental disorders. Among its key features, the bill makes certain acts against residents of unlicensed care facilities a felony, enhancing legal repercussions for abuse occurring in these settings. This modification is a significant step towards safeguarding vulnerable populations residing in unregulated environments, ensuring that individuals in such facilities receive the legal protections necessary to prevent mistreatment and exploitation.

Sentiment

The overall sentiment regarding AB 1946 is largely supportive, particularly from advocacy groups focused on protecting the elderly and dependent adults. Supporters argue that the enhancements to the penalties for abuse are a necessary measure to deter such crimes and provide a clearer legal framework for prosecution. However, there are concerns regarding the feasibility of the diversion programs, particularly in smaller counties where resources for mental health treatment may be limited. This has led to discussions about the potential strain on local systems and the importance of allocating appropriate funding and support for these initiatives.

Contention

Notable points of contention surround the implications of the diversion requirements, particularly the potential for increased local bureaucratic delays in granting diversion for individuals with mental disorders. Critics worry that mandating county-level plans could slow the process down, preventing timely access to necessary treatment for those who might benefit from diversion instead of incarceration. Balancing these concerns with the imperative to protect vulnerable populations remains a central theme in discussions of the bill's impact, highlighting the broader debate over how best to integrate public safety with mental health reform.

Companion Bills

No companion bills found.

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CA AB1584

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