Fresno District Attorney calls for changes to state's mental health diversion laws

March 14, 2026 - 12:56

Fresno County District Attorney Lisa Smittcamp is spearheading a call to reform California’s mental health diversion statutes, arguing the current framework lacks sufficient safeguards for public safety. The laws allow courts to divert some defendants with mental disorders into treatment programs instead of pursuing traditional criminal prosecution.

Smittcamp contends that while the intent of diversion is commendable, its application is often too broad. She is advocating for the legislature to establish clearer "guardrails," particularly to exclude individuals charged with serious and violent felonies from eligibility. Her office cites cases where defendants charged with severe crimes, including attempted murder and child molestation, have been granted diversion.

The District Attorney asserts that without stricter criteria, the law risks undermining accountability and failing to protect communities and victims. This push highlights an ongoing tension within the criminal justice system between prioritizing rehabilitation for the mentally ill and ensuring consequences for violent acts. The debate is expected to continue as lawmakers consider potential amendments to the existing legal framework.