California SB1373 amends the Penal Code to revise mental health diversion criteria and procedures.
California SB1373 amends Section 1001.36 of the Penal Code to revise the criteria and procedures for mental health diversion. The bill allows courts to grant pretrial diversion for defendants diagnosed with certain mental disorders, excluding antisocial personality disorder and pedophilia. Diversion is not available for specific offenses, including murder, rape, and lewd acts on a child under 14. The court must consider the defendant's mental disorder, treatment suitability, and risk to the community. Diversion periods are limited to one year for misdemeanors and two years for felonies.
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