The Sacramento County Sheriff is using a deadly stabbing and arrest in Fair Oaks as an example of why the state's mental health diversion program should be overhauled. The sheriff said the man arrested, Jordan Murray, 25, should still have been in custody at the time of the deadly crime after he committed two robberies last year. Murray was released from jail through the state’s mental health diversion program, the sheriff’s office said.“There is no real oversight. There's nowhere he has to check in. There's no accountability for anything,” said Amar Gandhi, a spokesperson for the Sacramento County Sheriff’s Office. “The spirit of the law, I think, was to help those that need the help and maybe jail is not the best thing for them. Jail was the best place for someone like ."Sheriff Jim Cooper claims the mental health diversion program is being used as a loophole to get people out of jail.| MORE | Man arrested in deadly Fair Oaks stabbing was out of jail on mental health diversion, sheriff saysCalifornia's mental health diversion was designed to get people with a diagnosed mental health disorder, who commit non-violent crimes, in which that diagnosis contributed to the offense connected with treatment rather than put them in jail. Right now, only charges of murder, rape and child sex crimes exempt a defendant from applying for the diversion.Defense attorney Justin Ward said, while it’s possible, he struggles to believe the vast majority health professionals and practicing lawyers would risk their licenses by falsely claims their client is mentally ill. “The mental health court process is a situation where the defendant's attorney recognizes, okay, my client suffered from or is suffering from a mental health condition and this crime was committed because of that condition,” he said. “It's not a loophole. It is a way to address the actual cause of the problem.”Ward explained that looking at mental health diversion as an option for a client can come at a variety of times throughout the judicial process and unique to the client. He said reviewing police reports, talking face-to-face with clients, speaking with family members all help him build an assessment of a defendant’s mental state at the time of the crime -- and after it.“While our jails are doing the best they can, they are not the best place to treat mental illness,” he said.State lawmakers are considering amending the penal code which outlines the parameters of who can apply for diversion. AB 433, sponsored by Assemblymember Maggy Krell, failed last month. The vote prompted Cooper to speak out against diversion then, calling for changes to be made.Lawmakers are still considering AB 46, introduced by Assembly Member Nguyen, which would require the court to find that the defendant’s mental disorder was a significant factor in the commission of the offense and not endanger public safety. Sacramento County District Attorney Thien Ho supports AB 46.“I think what we really need to do is revamp the law,” he said Wednesday.Ho told KCRA 3 his office attempted to block Murray from receiving mental health diversion, but that the court allowed it, adding that he believes some defense attorneys are taking advantage of the program.“Once the judge grants mental health diversion, even over my objection, you get out of custody. You take a couple of classes, and it gets dismissed,” he said. “I am supportive of giving people the mental health treatment they need, but not at the threat of public safety.”Lawmakers have until September to consider AB 46.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
SACRAMENTO COUNTY, Calif. —
The Sacramento County Sheriff is using a deadly stabbing and arrest in Fair Oaks as an example of why the state's mental health diversion program should be overhauled.
The sheriff said the man arrested, Jordan Murray, 25, should still have been in custody at the time of the deadly crime after he committed two robberies last year. Murray was released from jail through the state’s mental health diversion program, the sheriff’s office said.
“There is no real oversight. There's nowhere he has to check in. There's no accountability for anything,” said Amar Gandhi, a spokesperson for the Sacramento County Sheriff’s Office. “The spirit of the law, I think, was to help those that need the help and maybe jail is not the best thing for them. Jail was the best place for someone like [Murray]."
Sheriff Jim Cooper claims the mental health diversion program is being used as a loophole to get people out of jail.
| MORE | Man arrested in deadly Fair Oaks stabbing was out of jail on mental health diversion, sheriff says
California's mental health diversion was designed to get people with a diagnosed mental health disorder, who commit non-violent crimes, in which that diagnosis contributed to the offense connected with treatment rather than put them in jail.
Right now, only charges of murder, rape and child sex crimes exempt a defendant from applying for the diversion.
Defense attorney Justin Ward said, while it’s possible, he struggles to believe the vast majority health professionals and practicing lawyers would risk their licenses by falsely claims their client is mentally ill.
“The mental health court process is a situation where the defendant's attorney recognizes, okay, my client suffered from or is suffering from a mental health condition and this crime was committed because of that condition,” he said. “It's not a loophole. It is a way to address the actual cause of the problem.”
Ward explained that looking at mental health diversion as an option for a client can come at a variety of times throughout the judicial process and unique to the client.
He said reviewing police reports, talking face-to-face with clients, speaking with family members all help him build an assessment of a defendant’s mental state at the time of the crime -- and after it.
“While our jails are doing the best they can, they are not the best place to treat mental illness,” he said.
State lawmakers are considering amending the penal code which outlines the parameters of who can apply for diversion.
AB 433, sponsored by Assemblymember Maggy Krell, failed last month. The vote prompted Cooper to speak out against diversion then, calling for changes to be made.
Lawmakers are still considering AB 46, introduced by Assembly Member Nguyen, which would require the court to find that the defendant’s mental disorder was a significant factor in the commission of the offense and not endanger public safety.
Sacramento County District Attorney Thien Ho supports AB 46.
“I think what we really need to do is revamp the law,” he said Wednesday.
Ho told KCRA 3 his office attempted to block Murray from receiving mental health diversion, but that the court allowed it, adding that he believes some defense attorneys are taking advantage of the program.
“Once the judge grants mental health diversion, even over my objection, you get out of custody. You take a couple of classes, and it gets dismissed,” he said. “I am supportive of giving people the mental health treatment they need, but not at the threat of public safety.”
Lawmakers have until September to consider AB 46.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
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