“The cops are handcuffed, the DAs are handcuffed, the courts are handcuffed, and it’s because of this law,” said Sgt. Amar Gandhi.
SACRAMENTO COUNTY, Calif. — The Sacramento County Sheriff’s Office is hosting a town hall Wednesday night to share insight into what they say are misconceptions about the mental health diversion program.
They say criminals and defense attorneys are taking advantage of the program and using it as a get out of jail free card. However, some say the program is working.
Sacramento County leaders like Sheriff Jim Cooper and District Attorney Thien Ho are expected to speak about their concerns with the program they say is allowing criminals to go free or reoffend.
“The cops are handcuffed, the DAs are handcuffed, the courts are handcuffed, and it’s because of this law,” said Sgt. Amar Gandhi, Sacramento County Sheriff’s Office spokesman.
Sgt. Gandhi is talking about the Mental Health Diversion Program that became law in 2018. It allows defendants with mental health disorders to receive treatment instead of being sentenced to jail or prison.
Now, the sheriff’s office is making big efforts to inform the public about the system they say is greatly flawed.
Gandhi says people’s misconceptions are that if an offender has a mental health disorder, then they’re going to a mental health facility to be treated, but instead they’re being released into the public.
“Think about someone who’s beat a child, like a felony charge of beating a child to the point of death, but they can get to that point, and it’s completely wiped off. So, it means they can go apply to be a school teacher, and it won’t ever show up on their background,” said Gandhi.
Right now, the only charges that exempt a defendant from applying for the program are murder, rape and child sex crimes.
However, defense attorney Mark Reichel says in his experience, the program is working the way it should.
“If you have a mental health professional who gives you a diagnosis that you have one of the listed conditions, and if it is a motivating and contributing factor in your commission of the crime and if you agree to a treatment program that the court comes up with — it could be a very strict treatment program — then you qualify,” said Reichel.
He says five of his clients have utilized the program, and it has taken them down a path of success.
Reichel says no system is perfect, and he doesn’t dispute the sheriff’s office being upset when it doesn’t work.
“The way I see it is the guardrails are there. The lawyer can have the client apply for it. The judge is the one who grants it, so defense lawyers can use it all they want but the DA’s office can always oppose it. Probation doesn’t have to sign off on it, and the judge is the final one who bangs the gavel,” Reichel said.
The sheriff’s office supports AB46, which is a bill that would give judges the discretion to consider public safety when reviewing diversion requests. They say it’s a step forward, but they’re still hoping the town hall will lead to new possibilities.
“Really hoping this inspires some change within the legislature first. And if not, I mean maybe explore some other steps on some grassroots efforts or maybe some other avenues,” said Gandhi.
Wednesday night’s town hall at the Florin Community Center on 65th Street will start at 6:30p.m. with a small presentation. They will then highlight the law and share insights with the community, and people will then have a chance to ask questions.
