March 5, 2026
Court of Appeal, Second Appellate District, Division One
The Rule of People v. Superior Court (Taylor) is that mental health diversion may not be granted when no evidence supports that the defendant will comply with treatment in the community, even where experts opine the defendant would not pose an unreasonable risk to public safety if treated, under circumstances where the defendant has a documented history of abandoning treatment facilities and refusing prescribed medication.
February 18, 2026
Court of Appeal, Fourth Appellate District, Division Two
The Rule of Flareau is that a trial court abuses its residual discretion when denying mental health diversion based on finding that other factors were "more" motivating than the defendant's mental disorder, under circumstances where the defendant is eligible for diversion and the mental disorder was at least a contributing factor to the offense.
5/5/26
Court of Appeal, Second Appellate District, Division Seven
The Rule of People v. Tourville is that a trial court abuses its discretion in denying mental health diversion based on general public safety concerns beyond the statutory definition of "unreasonable risk of danger to public safety" (risk of committing a super strike), and cannot require a defendant to plead guilty to obtain the same treatment program that would be available under diversion, under circumstances where the court finds the defendant eligible and suitable for diversion under Penal Code section 1001.36.