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

FRESNO, Calif. (KFSN) -- There is simply a caller propulsion to alteration intelligence wellness laws successful court.

Fresno County District Attorney Lisa Smittcamp believes "mental wellness diversion" needs caller guardrails.

"It needs to beryllium restricted truthful that it empowers judges to marque much stringent decisions," Smittcamp told Action News.

Diversion allows immoderate defendants to debar jailhouse clip with a program. If they implicit it, their lawsuit tin past beryllium dismissed.

It is meant to prioritize attraction implicit punishment.

But successful a caller missive to lawmakers, the California District Attorneys Association stated that it is often misused, adjacent highlighting an illustration from Fresno, wherever the antheral convicted of a near-deadly random stabbing attack astatine Lithia Ford antecedently received diversion.

"Depression and anxiousness are things that are precise easy diagnosed," Smittcamp said. "And past the tribunal doesn't person immoderate authorization nether the presently written instrumentality to say, 'I'm sorry, you're not eligible oregon suitable.'"

Smittcamp has joined a increasing database of prosecutors calling for betterment and advocating for AB 46.

The projected instrumentality would marque respective changes, and it would necessitate that a intelligence wellness diagnosis hap wrong 5 years earlier the alleged crime.

"[It] means you legitimately person idiosyncratic with a intelligence wellness diagnosis, who is attempting to get better, who is being proactive successful their ain intelligence wellness progress," Smittcamp said.

The measure has coiled done the statehouse for much than a year, facing amendments successful the Senate and the Assembly. It is present acceptable for a captious committee proceeding adjacent Tuesday.

"Defense attorneys mightiness spot this and accidental this is simply a territory lawyer who is being excessively tough, who is not showing heart. How would you respond to that?" Action News asked.

"I don't cognize that determination would beryllium defence attorneys that would deliberation that this was a atrocious happening due to the fact that erstwhile the instrumentality is poorly written, it is poorly written for everyone," Smittcamp said.

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