Law will support public safety and save tax dollars

Orange County Supervisor Todd Spitzer, who is also a candidate for Orange County district attorney, recently wrote a column about Assembly Bill 1810, which became law on June 27. ("Crime law could bury our courts," July 19, 2018). Spitzer expresses his concerns that the new law will further burden California courts and put the public at risk.

The stated purpose of California Penal Code Sections 1001.35 et seq., which AB 1810 adds to the Penal Code, is to increase diversion of individuals with mental disorders to mitigate their entry and reentry into the criminal justice system while protecting public safety. Granting of diversion is limited to those who meet all of the following criteria (Penal Code Section 1001.36):

1. The court is satisfied the defendant suffers from a recognized mental disorder (antisocial personality disorders, borderline personality disorders, and pedophilia do not qualify). Evidence of a recent diagnosis provided by a qualified mental health expert is required.

2. The court is satisfied that the defendant's mental disorder played a significant role in the commission of the charged offense.

3. The qualified mental health expert's opinion finds that the defendant's symptoms motivating criminal behavior would respond to mental health treatment.

4. The defendant consents to diversion and waives his or her right to speedy trial.

5. The defendant agrees to comply with treatment as a condition of diversion.

6. The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety.

The court may, after considering the positions of the defense and prosecution (which will allow for compliance with Article I Section 28 of the California Constitution), grant pretrial diversion pursuant to Penal Code Section 1001.36.

The period of diversion is up to two years. 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. If the defendant performs satisfactorily in diversion, the court shall dismiss the criminal charges pending at the time diversion was granted. If the defendant fails to perform satisfactorily, the criminal proceedings may be reinstated.

The criminal justice system in California and around the country has been tasked with dealing with individuals who have serious mental problems.

In most cases the criminal justice system does not have the expertise or resources to treat the mentally ill. Our jails and prisons have become dumping grounds for the mentally ill. Diversion of individuals with mental disorders out of the criminal justice system and into treatment by the mental health community is a responsible approach that will allow those in need of treatment to get the help they need and hopefully stay out of the criminal justice system. This will support public safety and save tax dollars.