Claiming to be bulimic could keep a violent criminal out of prison in California.
A new report from Jason Mattera on Newsmax on Monday spotlighted a California law that allows defendants to avoid incarceration and receive treatment in the community if they are diagnosed with a qualifying mental illness, including conditions such as bulimia.
"It's very broad," Rochelle Beardsley, who works in the Sacramento District Attorney's Office, said in the segment, which aired on "Wake Up America."
"Someone could beat their spouse almost to death," Beardsley added.
"An arsonist can apply [including] someone who abuses the child, causing death [or] elder abuse, causing death," Beardsley said.
Last year, Jordan Murray was charged in the stabbing death of a man in Fair Oaks.
He had previously robbed two stores and sprayed employees in the face with a caustic chemical, but he was not incarcerated for the crimes, earning a mental health diversion, and remained free.
"There's a huge gap between the laws that are passed and public safety," Beardsley said.
"Defendants are using, I would say, abusing in many circumstances," she added.
Beardsley and others are advocating the state pass AB 46, which would allow judges to block diversion for offenders who pose a clear threat to public safety.
"If you think this person's going to be a danger if released in[to] the public to undergo treatment, then you can deny mental health diversion," Beardsley said.
"That's something that the courts don't have right now," she added.
In the last legislative session, AB 46 stalled in the state Senate, Mattera said.
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Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
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