California Legal Brief

The Rule of People v. Nelson is that a trial court may properly deny mental health diversion when it finds as trier of fact that the defendant's mental health disorders were not a significant factor in the commission of the charged offenses, under circumstances where the court expressly rejects expert testimony linking mental illness to criminal conduct and finds the defendant poses a public safety risk based on extensive criminal history.

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.

The Rule of Anaheim Police Department v. Crockett is that a gun violence restraining order may be issued against a firearm owner who fails to adequately secure weapons from a prohibited person who poses a credible threat of violence, under circumstances where the firearm owner enables access to weapons by someone with a documented mental health history and lifetime firearms prohibition who has made specific threats of mass violence.