California’s mental health diversion law, intended to provide treatment to individuals with mental illnesses instead of jail time, has sparked controversy over its expanding use by violent criminals and repeat offenders. Sacramento County Sheriff Jim Cooper has raised alarms about how the law has diverged from its original purpose, with career criminals exploiting the system to avoid accountability for serious crimes.
Cooper, speaking to Fox News Digital, criticized the policy for allowing violent offenders to escape justice, noting that the law is being used as a shield by those who commit crimes and subsequently claim mental health issues. He argued that the law has replaced accountability with excuses, resulting in cases where individuals with severe criminal histories are being released without facing the consequences of their actions. This, he says, has led to a dangerous situation where people who commit violent crimes can erase their records and re-enter society, thereby posing risks to public safety.
Critics argue that the law, which was passed in 2018 as AB 1810, has been misinterpreted or misused by offenders. The law allows defendants to enter court-approved treatment programs in place of jail time, with successful completion resulting in the dismissal of charges. However, the scope of the law has expanded beyond its intended use. According to the law, nearly all crimes except murder, voluntary manslaughter, rape, and sex crimes requiring registration can qualify for diversion. This includes crimes such as child abuse, armed robbery, and even nonviolent offenses, which has led to calls for reform.
Cooper highlighted cases of individuals with violent histories being released through the system instead of serving their sentences. For example, the brothers Adam and Juan Velasquez, known as members of the Howe Park Sureño gang, were involved in an unprovoked assault on an innocent man. Despite the severity of their actions, Juan Velasquez was granted mental health diversion, a decision that Cooper argued ignored the severity of the crimes and failed to hold the individual accountable. Similarly, a 44-year-old man, Darren Campoy, with a long criminal record, was released under the same system and later robbed a bank again, underscoring the risk of recidivism.
While the governor’s office insists that the law is determined by judges and not the executive branch, Cooper and others remain concerned about the law’s impact on public safety and the justice system. With upcoming legislative sessions, Cooper is committed to pushing for reforms to the law, advocating for stricter criteria for eligibility and greater accountability within the system. In the absence of reforms, his department plans to continue exposing such cases to highlight the failures of the current framework.