In evaluating a defendant for mental health diversion, a judge must decide if defendant poses an unreasonable risk of danger to public safety. What is unreasonable risk? If a person has two DUI convictions, does that person pose an unreasonable risk of danger to public safety? Some judges may find this is so. What if the person is accused of committing criminal threats or domestic violence? Is public safety considered the same way as in a bail review motion under Penal Code § 1275? To read a summary of an appellate court decision that interpreted posing an unreasonable risk of danger the way we think most defendants would like (meaning they would then be eligible for mental health diversion), please click on the following link.