Criminal procedure: Safer Communities Through Opportunities Act.

Assembly Member Elhawary's Safer Communities Through Opportunities Act establishes a framework for courts to grant pretrial diversion for certain felony offenses, expanding California's existing diversion programs beyond misdemeanors. The legislation authorizes courts to divert eligible defendants into supervised programs for up to 24 months before trial, provided the proposed plan mitigates public safety risks and demonstrates likely benefit to the participant.

The bill limits eligibility to non-violent, non-serious felonies punishable by 16 months to 3 years in state prison or as misdemeanors. It explicitly excludes offenses involving great bodily injury, firearms, domestic violence, sexual offenses requiring registration, and certain vehicle code violations. Courts must consider input from prosecutors, defense counsel, probation officers, victims, and service providers when evaluating diversion requests. The legislation gives particular consideration to defendants with histories of surviving human trafficking, domestic violence, or sexual assault.

Under the program, courts may order individually tailored diversion plans specifying required services and conditions, with progress monitored through quarterly reports. While participants must pay any applicable restitution, inability to pay due to indigence cannot be grounds for denial or failure. Upon successful completion, courts must dismiss the charges and seal arrest records, though criminal justice agencies retain access. The bill preserves victims' rights under Marsy's Law and allows courts to reinstate criminal proceedings if participants commit new offenses or significantly violate program terms.