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Name: People v. Doron (2023) 95 Cal.App.5th 1
Case #: D079799
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/09/2023
Subsequent History: Ordered published 08/31/2023

Senate Bill No. 1223’s amendments to the mental health diversion statute (Pen. Code, § 1001.36) apply retroactively to nonfinal cases. Defendant pleaded guilty to multiple offenses, after his request for pretrial mental health diversion was denied. On appeal, he argued that changes to the statute regarding eligibility for diversion should be applied in his case. Held: Reversed and remanded. Effective January 1, 2023, SB 1223 amended section 1001.36 to revise the eligibility test for pretrial diversion by presuming that a defendant’s diagnosed mental disorder has a connection to their offense. This presumption may be rebutted by clear and convincing evidence that the disorder was not a motivating, causal, or contributing factor to the defendant’s involvement in the crime. Here, the trial court’s order predated the changes to the statute, so the case was remanded to conduct a new hearing under the revised standard.