Criminal procedure: felony diversion.

Assembly Member Elhawary's felony diversion legislation expands California's pretrial alternatives by allowing courts to divert eligible defendants facing certain felony charges into supervised treatment and rehabilitation programs. The measure permits diversion for non-violent felonies punishable by up to three years imprisonment, while excluding offenses involving serious injury, firearm use, or specified Vehicle Code violations.

Courts must verify that proposed diversion plans address public safety risks and that defendants are likely to benefit from services before granting diversion. The plans, which can extend up to 12 months, require oversight by treatment agencies or joint supervision with county probation departments. Treatment agencies must report participant progress quarterly, allowing courts to modify conditions or reinstate criminal proceedings if defendants commit new offenses or fail to meet program requirements.

The legislation mandates full restitution from participants while preventing indigence from disqualifying otherwise eligible defendants. Upon successful completion, courts dismiss the original charges and seal related records, though participants must still disclose the arrest on peace officer employment applications. The measure preserves existing misdemeanor diversion while creating a parallel structure for qualifying felonies that balances rehabilitation opportunities with public safety protections through eligibility screening and ongoing supervision.