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District Attorney calls bill ‘well intentioned’ but ‘horribly drafted’ and dangerous 

Dan Dow.

–District Attorney Dan Dow drafted and sent the following letter to Assemblyman Jordan Cunningham and Senator Bill Monning concerning Assembly Bill 1810, which created a new diversion program for certain defendants who committed misdemeanors and felonies and are determined to be mentally ill:

As of July 1, 2018, Assembly Bill 1810 has been in effect in California and it has created a significant threat to the safety of our communities. This bill was well-intentioned but horribly drafted and it was passed as a budget trailer bill that procedurally did not allow the public an adequate opportunity to scrutinize the language and suggest necessary amendments to address major public safety concerns. The law now in effect allows mental health treatment pre-trial diversion for every type of crime, no matter how violent, including serial rape or murder. The bill allows no exclusion for the type of crime committed, no exclusion for prior criminal history, and diversion instead of prosecution is now available for those with almost every kind of mental health diagnosis. This means that paraphilia, often diagnosed as the mental health issue for serial rapists, and depression, often associated with mass school shooting murders, are not excluded.

Obviously, we must work tirelessly to ensure that mentally ill offenders get appropriate treatment and I am a strong supporter of those efforts. However, it is irresponsible for California to pass this type of wide-sweeping change without properly vetting for unintended consequences. As it now stands, this law has made every resident of California vulnerable in many ways and it must be changed immediately.

Recognizing the urgent need to correct the serious deficiencies in the law, Governor Brown’s administration drafted critically necessary changes and submitted them to the Joint Budget Committee. It is vital that this proposed amendment receive the support of the Committee and brought to a vote by the Legislature. Our public safety and proper treatment of mentally ill offenders is dependent on this.

I urge you to immediately support the Administration’s draft language that was submitted to the Budget Committee or otherwise incorporate the language into a different emergency bill so that it can be passed before the end of this legislative session. The proposed language includes necessary corrections regarding victim restitution, firearms prohibitions, and excludes certain violent felonies, like murder, sex crimes, and use of weapons of mass destruction, from mental illness diversion. This is a vital step towards creating a safer California.

Thank you for your consideration of this request and please do not hesitate to contact me if you have any questions.

Truly yours,
Dan Dow
District Attorney
County of San Luis Obispo

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