More case law whether Mental Health Diversion is retroactive: People v. Burns

More case law whether Mental Health Diversion is retroactive: People v. Burns

I’ve been tracking our new Mental Health Diversion law, per California Penal Code 1001.36…and whether this new law applies retroactively or not. Well, we have another case in favor of the law applying retroactively: People v. Burns, filed August 14, 2019 (as of August 26, 2019, it’s cited as 2019 WL 3811976). We have another case in favor of the law applying retroactively: People v. Burns, filed August 14, 2019 (2019 WL...

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Does mental diversion (Penal Code 1001.36) apply retroactively?

Does mental diversion (Penal Code 1001.36) apply retroactively?

We’re starting to get case law decisions from Appellate Courts about the Mental Health Diversion Law (California Penal Code 1001.36, from AB 1810) Governor Brown inked this bill late June 2018 and it became effective June 27, 2018. You can see my blog about that law, although there seem to be some amendments being made to it. One question frequently asked is whether this law will apply only going forward? Or will it apply to older cases....

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