Bill > AB1231

This bill, known as the Safer Communities Through Opportunities Act, establishes a new framework for pretrial diversion for certain felony offenses. The legislation allows courts to grant pretrial diversion to defendants for specific felonies, excluding serious and violent felonies, offenses involving great bodily injury, firearm use, domestic violence, and certain other serious crimes. When considering diversion, courts must evaluate information from various sources, including the prosecution, defense, probation services, and victims, and assess the defendant's suitability based on factors like age, health, and personal history. The court can only grant diversion if it determines the proposed plan mitigates public safety risks and will likely benefit the defendant. The diversion plan must be individually tailored, with progress reports submitted every three months, and can include services like behavioral health treatment. If a defendant successfully completes the diversion plan, the criminal allegations will be dismissed, and the arrest will be deemed to have never occurred. However, the court may reinstate criminal proceedings if the defendant commits new offenses or fails to comply with the diversion plan. The bill emphasizes considering survivors of human trafficking, domestic violence, or sexual assault, and ensures that inability to pay restitution due to indigence will not disqualify a defendant from diversion.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1231