Mental Health Pretrial Diversion

[摘要] pretrial diversion programmental disorderdecriminalization of mental illnessA Retroactive Application of a Mental Health Pretrial Diversion Program Is AllowedIn People v. Frahs, 466 P.3d 844 (Cal. 2020), the Supreme Court of California considered whether a statute creating a mental health pretrial diversion program could be applied retroactively. The court ruled the statute can be applied retroactively because it could have an ameliorative effect, there was no “savings clause” (exemption from the statute's operation), the California legislature did not signify an intent for the statute to be prospective only, and the judgment in the case was not final at the time the statute was enacted. The court ruled a conditional remand was appropriate to determine eligibility for the diversion program.

[学科分类] 儿科学

[关键词] pretrial diversion program;mental disorder;decriminalization of mental illness