Diversion: retail theft.

Plain English Breakdown

The official source does not specify that prosecutors must review their files for certain factors, such as whether the offense charged involved a crime of violence or threatened violence. This claim was removed because it is not supported by the provided text.

Retail Theft Diversion Program

This law requires prosecutors and probation departments to determine if people who commit certain theft crimes, like shoplifting or vandalism, are eligible for a diversion program that can help them avoid a criminal record if they follow the rules.

What This Bill Does

• Requires prosecutors and county probation departments to decide if someone is eligible for a special program after committing certain types of theft, such as shoplifting or vandalism.
• Makes sure prosecutors check their files to see if the crime involved violence or threats before deciding on eligibility.
• Needs prosecutors to write down why they think someone can join the diversion program.
• Says that if someone follows all the rules in the program, the court will dismiss the case against them.

Who It Names or Affects

• People who commit certain theft crimes like shoplifting or vandalism
• Prosecutors and county probation departments

Terms To Know

diversion program

A special program that helps people avoid a criminal record if they follow the rules set by the court.

deferred entry of judgment

When someone is allowed to delay their trial and instead go through a program, like diversion, with the chance to have the case dismissed if they succeed.

Limits and Unknowns

• The bill does not specify what happens if local agencies cannot afford the new duties.
• It's unclear how many people will be eligible for this program and how it will affect them.
• The exact costs of implementing this program are not detailed in the summary.

Official Summary Text

AB 2108, as amended, Sharp-Collins.
Diversion: retail theft.
Existing law, until January 1, 2031, authorizes a city or county prosecuting attorney or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses. Existing law requires the prosecuting attorney in a participating county to either refer the case to the county probation department to conduct a prefiling investigation report and determine the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is appropriate for referral. Existing law requires the county probation department or prosecuting attorney’s office to consider certain factors for referral, including, among others, whether the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
This bill would require the prosecutor or county probation department, for certain theft offenses, including shoplifting and vandalism, to determine whether, based on certain criteria, specified defendants are eligible for a theft diversion program. The bill would require the prosecuting attorney to review their file for certain factors, including whether the offense charged involved a crime of violence or threatened violence and, if the defendant is eligible, would require the attorney to file a declaration or state for the record the grounds for the determination of the defendant’s eligibility. The bill would require the court to dismiss the action against the defendant at the end of the period of diversion if the defendant has complied with the imposed terms and conditions of diversion. By increasing the duties on local officials, this bill would impose a state-mandated local program.
The California
Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF