Judges granted mental health diversion in hundreds of felony cases in San Diego County in 2025, according to data from the San Diego County District Attorney’s Office. The issue received renewed attention after a stolen Tesla barreled down the Pacific Beach boardwalk in an incident captured on vid eo, with good Samaritans chasing after the driver. Prosecutors said the man behind the wheel, 39-year-old Juan Gonzaba, should have been in jail awaiting trial for three previous felony cases. But he was allowed to remain out of custody through the mental health diversion program. Mental health diversion allows people with diagnosed mental disorders to avoid jail on the condition that they receive treatment. If they successfully complete treatment, their criminal record can remain clean. To examine how mental health diversion is being used locally, NBC 7 Investigates asked the San Diego County District Attorney’s Office for data on every case that went before a judge seeking mental health diversion during the 2025 calendar year. Defendants requested diversion 533 times that year. Most of those hearings involved felony charges, not misdemeanors. Of 467 felony cases in which defendants sought diversion, judges granted it in 333 cases, or nearly two-thirds.  In 31 cases, prosecutors did not oppose diversion, agreeing with the defense that community-based treatment made more sense than incarceration. The figures cover only one year in San Diego County.  Mental health diversion first took effect statewide in 2019 and has affected thousands of cases. Though, some crimes are not eligible for mental health diversion, including murder, bombings and sexual assault. Prosecutors and defense attorney debate diversion eligibility The San Diego County District Attorney’s Office has long criticized the program, arguing that it can force judges to release dangerous defendants. Deputy District Attorney Matthew Greco, who oversees mental health diversion cases at the downtown courthouse, said changes are needed. “Mental health diversion right now is broken. It needs to be fixed,” Greco said. “It isn’t that we don’t believe people should receive treatment. It’s that there should be treatment and also safety of the public. Those two things can exist at the same time.” Greco said a state law passed earlier this year is a good start. The law will give judges more leeway in determining whether someone is likely to commit another crime, regardless of whether a medical provider ties the person’s behavior to a mental disorder. Public defenders, however, argue the program does not need fixing. “It has been phenomenally successful!” Kate Chatfield of the California Public Defenders Association said. “Recidivism rates for people who don’t get diversion are actually much higher.” Of the 333 felony cases in which diversion was granted in 2025, roughly 74% of the recipients had not reoffended through August 2026, according to statistics provided by the District Attorney’s Office. In California, most misdemeanors do not require a defendant to remain in custody or post bail before trial. Many defendants are never booked into jail, and those who are can often be released without paying bail. Because diversion serves as an alternative to jail time, a deputy district attorney said people charged with misdemeanors who might otherwise be good candidates for mental health treatment often skip court altogether. The impact of the changes taking effect in January, including whether they alter the number of felony and misdemeanor cases receiving diversion, remains to be seen. For Gonzaba, the accused driver of the stolen Tesla, a judge ordered him held in jail without bail. This story was originally reported for broadcast by NBC San Diego. AI tools helped convert the story to a digital article, and an NBC San Diego journalist edited the article for publication. ...read more read less