Criminal procedure: felony diversion.

Assembly Member Elhawary's felony diversion legislation would allow California courts to offer pretrial diversion programs to defendants charged with certain non-violent felonies. Under the proposed framework, eligible defendants could petition the court for diversion before trial, with courts evaluating suitability based on factors like the defendant's age, health conditions, and any history as a survivor of human trafficking or domestic violence.

The bill establishes two supervision models for diversion programs: single agency supervision administered solely by treatment providers, and dual agency supervision jointly managed by treatment providers and county probation or pretrial services departments. Treatment agencies, which may include government departments or community organizations focused on health, workforce development, or reentry services, must provide quarterly progress reports to the court. The legislation excludes serious felonies, violent crimes, firearm offenses, domestic violence cases, and other specified charges from diversion eligibility.

Courts retain authority to modify diversion plans or reinstate criminal proceedings if defendants fail to meet program requirements or commit new offenses while in diversion. Upon successful completion of diversion, which may last up to 24 months, courts must dismiss the original criminal charges. While the arrest record remains available for peace officer employment applications, defendants may otherwise legally state they were never arrested or diverted for the offense. The bill requires defendants to pay restitution when possible but prevents courts from denying diversion solely due to inability to pay.