Criminal procedure: Safer Communities Through Opportunities Act.

Assembly Member Elhawary's Safer Communities Through Opportunities Act proposes expanding California's pretrial diversion program to include certain felony offenses, allowing courts to defer prosecution while defendants participate in rehabilitation services. The legislation authorizes courts to grant diversion for non-violent, non-serious felonies after evaluating factors like the defendant's age, health conditions, and likelihood of benefiting from services.

The bill establishes two supervision models: single agency oversight by treatment providers and dual agency supervision involving both treatment organizations and probation departments. Treatment agencies, which may include government departments or community organizations, must report participant progress quarterly. The legislation specifically excludes felonies involving firearms, serious injury, domestic violence, and sex offenses requiring registration.

Courts retain authority to modify diversion terms or reinstate criminal proceedings if participants commit new offenses or fail to comply with program requirements. Successful completion results in case dismissal and record sealing, though restitution obligations remain enforceable as civil judgments. The bill preserves victims' rights under Marsy's Law while requiring community-based service providers to maintain transparency standards and compensation rates comparable to government agencies.