Criminal procedure: Safer Communities Through Opportunities Act.

Assembly Member Elhawary's pretrial diversion legislation would allow California courts to offer supervised rehabilitation programs as an alternative to prosecution for certain felony offenses. Under the proposed Safer Communities Through Opportunities Act, defendants charged with eligible felonies could request diversion before trial, with courts evaluating factors like public safety risk and likelihood of rehabilitation success.

The bill establishes two supervision models for diversion programs: single agency oversight by treatment providers or dual supervision combining treatment services with probation department monitoring. Treatment agencies, which may include government departments or community organizations, must report participant progress quarterly. Courts retain authority to modify program terms or reinstate criminal proceedings if participants commit new offenses or fail to meet requirements.

Several felony categories are excluded from diversion eligibility, including serious or violent felonies, domestic violence, firearms offenses, and crimes causing great bodily injury. For qualifying cases, successful completion results in dismissal of charges and sealing of arrest records, though participants must fulfill any restitution obligations. The legislation specifies that inability to pay restitution due to indigence cannot disqualify someone from participating or completing diversion.