Snuck into law in an omnibus spending bill, California AB1810 prohibits mentally ill criminals from standing trial for any crime so long as they complete a brief mental health treatment plan instead. From the Association of Deputy District Attorneys:
By Michele Hanisee
In a startling abuse of the legislative process, a budget clean-up bill has just been used to sneak in radical and never-debated changes in the criminal justice system. It allows a defendant suffering from a mental disorder to be granted pre-trial diversion and the charges later dismissed for any crime if a judge finds the disorder played a significant role in the crime and if a defendant has “substantially complied” with mental health treatment during the diversion period. In short, this new law allows diversion and the dismissal of charges for any crime, including those where a victim was killed or seriously injured.
This massive change in law was slipped into AB 1810, the “Omnibus Health Trailer Budget Bill” for 2018. The purpose of trailer bills is supposed to be to implement provisions in the budget bill, not to write substantive new policy. However, as columnist George Skelton explained last year, these trailer bills are “created in the dark without much legislative or public scrutiny” and “mostly used now by Democrats for slipping through touchy new policy.”
Under AB 1810, a defendant charged with any crime can get those charges dismissed if they convince a judge the mental disorder they suffer from played a “major” role in the charged crime; if a mental health expert says the symptoms motivating the criminal behavior would respond to treatment; and if the defendant undergoes “treatment” during a diversion period with no minimum time period and a maximum of two years. Incredibly, only the defense gets to submit a psychiatric report; the prosecution has no opportunity to rebut that report with their own report or have their own expert examine the defendant. Finally, the mental health treatment shall be deemed “satisfactory” and dismissal granted should a defendant “substantially comply” with the diversion conditions and commit no “significant” new crimes while in diversion, although what constitutes “substantial completion” or a “significant” crime is not defined in the bill. …
In short, a deliberate and underhanded end run around the legislative process now allows charged criminals, including murderers, rapists, robbers, or arsonists, to avoid prosecution and punishment for their crimes by entering a short term “mental health treatment program” during which they only have to “substantially complete” the program and not commit any “significant” new crimes.
Michele Hanisee is President of the Association of Los Angeles Deputy District Attorneys, the collective bargaining agent representing nearly 1,000 Deputy District Attorneys who work for the County of Los Angeles.
The tragicomic part of this is that Trump Derangement Syndrome probably IS a legit psychiatric disorder. The Left has just given themselves carte blanche to wage total war upon Trump & allies with the justification that they’re so deranged that we cannot expect better behavior from them. That’s actually a hard concept to argue with.
Of course, the part they’re missing is that God judges the heart but man judges the action. The law doesn’t care why you murdered an innocent, only that you did. If someone is so nutcase that they can never be allowed in society again then the proper thing to do is put a bullet in their head and their corpse in the burn barrel.
That procedure would cure more mental illness than the entire field of psychiatry ever has in human history. When the punishment for being violently crazy is death instead of a free pass, people no longer have an incentive to drive themselves insane. For example, by attending women’s studies at a fully accredited university.
People respond to incentives. Offering them a free pass in criminal court in return for acting psychotic will have predictable consequences.