People v. West CA3

FACTS AND HISTORY OF THE PROCEEDINGS

A. Current Charges

In 1997, defendant was convicted of the continuous sexual abuse of a child (§ 288.5). As a result, he is required to register as a sex offender annually and every 30 days while he is a transient pursuant to section 290.012. In April 2022, law enforcement opened a compliance investigation into defendant after discovering he had not registered since January 29, 2021, despite being transient during that period. On October 14, 2022, law enforcement saw a person riding his bicycle after dark, without a front light. They stopped the cyclist, identified him as defendant, and learned there was a warrant for his arrest for failing to register as a sex offender. Law enforcement searched defendant and found .28 grams of methamphetamine on his person. The People later charged defendant with two counts of failing to register as a sex offender (§ 290.018, subd. (b)) and one count of unlawfully possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)).

B. Petition for Mental Health Diversion

In November 2023, defendant filed a motion for mental health diversion pursuant to section 1001.36. In support of the motion,…