Overview
- SB 1373 would add attempted murder, kidnapping, carjacking and human trafficking to crimes ineligible for diversion, and bar applicants with two prior felonies or a prior strike.
- Judges could deny diversion if they find it more likely than not that releasing a defendant would pose a risk to public safety.
- Republican Sen. Shannon Grove announced the bill with Democratic Assemblymember Maggy Krell and law enforcement, with Krell citing heavy diversion caseloads in Sacramento and limited treatment capacity.
- The proposal also contemplates tighter diagnostic safeguards, including a requirement that a qualifying mental health diagnosis be made within five years and clearer standards for expert validation and court hearings.
- Some prosecutors, including San Francisco District Attorney Brooke Jenkins, support reforming diversion laws but have not yet endorsed SB 1373 as it moves through amendments.