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    AB-1231
    Justice & Public Safety

    Criminal procedure: Safer Communities Through Opportunities Act.

    Engrossed
    CA
    ∙
    2025-2026 Regular Session
    0
    0
    Track
    Track

    Key Takeaways

    • Establishes a new pretrial diversion program allowing courts to divert eligible felony cases into treatment programs.
    • Requires treatment agencies to report defendant progress every three months to ensure compliance.
    • Excludes serious violent crimes, domestic violence, and firearm offenses from diversion eligibility.
    • Mandates dismissal of charges upon successful completion of the 24-month maximum diversion period.

    Summary

    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.

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 2200
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1231 Elhawary Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 10 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Profile
    Josh LowenthalD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member
    Profile
    Sade ElhawaryD
    Assemblymember
    Bill Author

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Sade Elhawary
    Sade ElhawaryD
    California State Assembly Member
    Josh Lowenthal
    Josh LowenthalD
    California State Assembly Member
    Co-Author
    Tina McKinnor
    Tina McKinnorD
    California State Assembly Member
    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Latest Voting History

    View History
    July 15, 2025
    PASS
    Senate Committee
    Senate Public Safety Hearing
    AyesNoesNVRTotalResult
    4116PASS

    Key Takeaways

    • Establishes a new pretrial diversion program allowing courts to divert eligible felony cases into treatment programs.
    • Requires treatment agencies to report defendant progress every three months to ensure compliance.
    • Excludes serious violent crimes, domestic violence, and firearm offenses from diversion eligibility.
    • Mandates dismissal of charges upon successful completion of the 24-month maximum diversion period.

    Get Involved

    Act Now!

    Email the authors or create an email template to send to all relevant legislators.

    Introduced By

    Sade Elhawary
    Sade ElhawaryD
    California State Assembly Member
    Josh Lowenthal
    Josh LowenthalD
    California State Assembly Member
    Co-Author
    Tina McKinnor
    Tina McKinnorD
    California State Assembly Member

    Summary

    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.

    40% progression
    Bill has passed all readings in its first house and is ready to move to the other house (6/2/2025)

    Key Dates

    Next Step
    Referred to the Senate Standing Committee on Appropriations
    Next Step
    Senate Committee
    Referred to the Senate Standing Committee on Appropriations
    Hearing scheduled for , 1021 O Street, Room 2200
    Senate Public Safety Hearing
    Senate Committee
    Senate Public Safety Hearing
    Do pass, but first be re-referred to the Committee on [Appropriations]
    Vote on Assembly Floor
    Assembly Floor
    Vote on Assembly Floor
    AB 1231 Elhawary Assembly Third Reading
    Assembly Appropriations Hearing
    Assembly Committee
    Assembly Appropriations Hearing
    Do pass as amended
    Assembly Public Safety Hearing
    Assembly Committee
    Assembly Public Safety Hearing
    Do pass as amended and be re-referred to the Committee on [Appropriations]
    Introduced
    Assembly Floor
    Introduced
    Introduced. To print.

    Latest Voting History

    View History
    July 15, 2025
    PASS
    Senate Committee
    Senate Public Safety Hearing
    AyesNoesNVRTotalResult
    4116PASS

    Contacts

    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Megan DahleR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Not Contacted
    Not Contacted
    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Not Contacted
    Not Contacted
    0 of 10 row(s) selected.
    Page 1 of 2
    Select All Legislators
    Profile
    Anna CaballeroD
    Senator
    Committee Member
    Profile
    Tim GraysonD
    Senator
    Committee Member
    Profile
    Megan DahleR
    Senator
    Committee Member
    Profile
    Kelly SeyartoR
    Senator
    Committee Member
    Profile
    Tina McKinnorD
    Assemblymember
    Bill Author
    Profile
    Josh LowenthalD
    Assemblymember
    Bill Author
    Profile
    Aisha WahabD
    Senator
    Committee Member
    Profile
    Christopher CabaldonD
    Senator
    Committee Member
    Profile
    Laura RichardsonD
    Senator
    Committee Member
    Profile
    Sade ElhawaryD
    Assemblymember
    Bill Author