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Sacramento Sheriff Intensifies Critique of California Mental-Health Diversion After Repeat Robbery Arrest

State officials say judges control eligibility under Penal Code 1001.36, with several serious offenses already barred.

Overview

  • Sheriff Jim Cooper highlights the case of Darren Campoy, who received mental-health diversion earlier this year and was later arrested in an Oct. 15 Sacramento Credit Union robbery.
  • The sheriff’s office also cites the Velasquez brothers, noting Juan Velasquez was granted diversion and the pair allegedly reoffended while on probation in a separate restaurant incident.
  • Enacted in 2018, the diversion statute allows eligible defendants to pause criminal proceedings for court-approved treatment that can lead to dismissal of charges upon successful completion.
  • The governor’s office emphasizes that judges decide diversion requests and that crimes such as murder, voluntary manslaughter, rape and child sexual abuse are not eligible.
  • Guidelines allow most DSM-5 diagnoses to qualify aside from borderline personality disorder, antisocial personality disorder and pedophilia, as lawmakers float AB 433 to restrict diversion for child-abuse and serious-injury charges.