A chilling reality is unfolding in California, where a law intended to offer a lifeline to those struggling with mental illness is, according to Sacramento County Sheriff Jim Cooper, being exploited by violent criminals to evade justice. The policy, designed to divert individuals toward treatment instead of incarceration, is now facing accusations of enabling a dangerous revolving door for repeat offenders.
Sheriff Cooper paints a stark picture: accountability is vanishing, replaced by a system of excuses. He warns that “terrible laws” are being systematically abused by “career criminals” who recognize a loophole and exploit it with alarming frequency. The core issue isn’t the intent of providing help, but the breadth of the law’s application and the consequences of erasing criminal records.
Passed in 2018, AB 1810 and SB 215 allow defendants to halt criminal proceedings and enter court-approved treatment. Successful completion means charges are dropped and the record is wiped clean. While seemingly compassionate, the scope is far wider than many realize, excluding only a handful of the most heinous crimes like murder and rape. Everything from child abuse to armed robbery can potentially qualify.
The criteria for eligibility are surprisingly broad, encompassing nearly any mental health diagnosis listed in the DSM-5 – the diagnostic manual used by medical professionals. Only a few specific personality disorders are excluded, leaving a vast spectrum open to interpretation and potential manipulation. This expansive definition is at the heart of the growing concern.
Recent attempts to tighten the rules, like Assembly Bill 433 aiming to exclude child abuse cases, are seen as steps in the right direction, but Cooper insists much more needs to be done. He’s witnessed cases that defy belief – individuals accused of horrific acts, including the torture and killing of infants, qualifying for diversion instead of facing prison time.
The implications are terrifying. A perpetrator who commits a brutal act against a child could have their record erased, potentially allowing them to work with vulnerable populations again as a teacher or coach. This isn’t a hypothetical scenario; it’s a reality unfolding in California, fueled by a system that prioritizes diversion over public safety.
Consider the case of the Velasquez brothers, known gang members convicted of a violent, unprovoked assault. Juan Velasquez was granted mental health diversion, only to allegedly strike again while on probation, confronting a family at a restaurant with gang slurs and a knife. This illustrates a pattern of escalating violence enabled by the law.
Then there’s Darren Campoy, a repeat bank robber already under supervision for a previous offense. He was granted mental health diversion, his criminal proceedings erased, and less than a year later, he robbed another bank. This case embodies the “revolving door” effect Cooper describes, where accountability is replaced with a cycle of crime and leniency.
Sheriff Cooper’s office reports that suspects openly discuss how to exploit the system, even boasting about claiming mental health conditions to qualify for diversion. This brazen disregard for the law underscores the perception of zero accountability among criminals. Deputies are hearing it directly from those they arrest.
The problem, according to Cooper, isn’t simply the law itself, but the constraints it places on judges. They are often left with no discretion, compelled to grant diversion even in cases where it clearly poses a risk to public safety. The system effectively ties their hands, forcing them to prioritize treatment over punishment.
While a spokesperson for Governor Newsom maintains that diversion decisions rest solely with the courts, and emphasizes the law’s intent to improve public safety through treatment, Sheriff Cooper remains unconvinced. He plans to continue advocating for reform when the legislature reconvenes, determined to address what he calls a “broken system.”
Cooper vows to continue exposing cases that highlight the flaws in the current law, refusing to remain silent about the consequences of a policy he believes is endangering communities. His message is clear: accountability matters, and the current system is failing to deliver it.
The original intent of diversion laws – to help those with treatable mental illness who commit low-level crimes – has been twisted, according to the Sheriff’s office. Now, career criminals are using “mental health” as a shield, and the results are deeply troubling.
