Concerns diversion from criminal prosecution for persons with mental illness under certain circumstances.
Impact
The bill requires the establishment of a Mental Health Services Coordinating Council in each county to map out available mental health resources and to ensure that law enforcement can effectively divert individuals to these resources. Additionally, it stipulates that law enforcement officers assigned to patrol duty complete a mandatory training program regarding mental health crisis recognition and response, including a refresher course every five years. This training is critical as it informs officers of suitable interventions and recognizes the signs of mental illness, promoting better interactions between law enforcement and individuals in distress.
Summary
Assembly Bill A1911 seeks to introduce new measures regarding the diversion of individuals with mental illness from the criminal justice system to appropriate behavioral health treatment services. Specifically, the bill mandates that local law enforcement, upon identifying an individual in crisis, has the discretion to divert that person to mental health screening services instead of filing criminal charges. This approach is aimed at improving outcomes for individuals experiencing mental health crises by facilitating timely access to treatment instead of subjecting them to criminal charges, which may not address their underlying health issues.
Contention
While proponents of A1911 argue it will enhance the treatment of individuals with mental health issues and reduce repeat offenses born from untreated conditions, there are concerns about its discretional nature. Critics argue that reliance on police discretion to forgo criminal charges may lead to inconsistencies, potentially leaving out individuals who may need intervention but do not fit the officer’s subjective judgment of a mental health crisis. Additionally, there is skepticism regarding whether enough behavioral health resources will be available to accommodate the needs of those diverted, particularly in areas where mental health services are already scarce.