Tough on crime prosecutors are going after criminals they say are using California’s mental health system as a “get out of jail free card.”
Just last week rapper Lil Nas X was put into a mental health diversion program allowing him to avoid jail time for three felony charges of battery against a police officer and one for resisting arrest.
Lil Nas X, whose real name is Montero Hill, was walking down Ventura Blvd at 5:30am in his underwear and cowboy boots allegedly high on drugs when he got into a confrontation with cops that led to the arrest.
Orange County DA Todd Spitzer is co-sponsoring a bill, AB 46, tightening up the medical health rules.
Specifically, the legislation allows judges to deny diversion if it is more likely than not that the defendant poses an unreasonable risk to public safety.
“California’s mental health system is the definition of insanity — and no one seems to be able to find a cure,” Spitzer said.
There are many examples of criminals committing heinous acts while in diversion programs.
The DA’s office points to a machete wielding man who sliced a victim multiple times. He was ordered to a hospital diversion program only to escape.
He later stabbed another victim with a box cutter 34 times outside a 7-Eleven.
Another bandit broke into a home naked with a gun. While on diversion the defendant was arrested again for breaking into another home while the victim hid in their closet.
“Mental health diversion is continuing to be exploited by individuals who are looking for a ‘get-out-of-jail-free’ card instead of using diversion in the way it was intended — to provide people suffering from mental illness with the treatment they need to address the underlying issues of why they commit crime.” says Spitzer.
Tough on crime Los Angeles District Attorney Nathan Hochman also supports the bill
Lil Nas X has been recently diagnosed with Bi-Polar disease according to his attorney. If AB 46 had been in place, he may have not qualified for a diversion program.
The law Requires a mental health diagnosis to have occurred within five years before the alleged offense.
Hill was facing five years behind bars, if he completes his two year diversion program the charges will be dismissed.
