A bill aimed at expanding diversion opportunities for certain crimes was rejected by the California Senate on May 23. Senate Bill 1282, introduced by Sen. Lola Smallwood-Cuevas, would have allowed judges to offer defendants facing certain misdemeanor and felony charges the option to participate in programs such as substance abuse treatment or mental health care. If successfully completed within two years, charges for the crimes would be dropped.
Smallwood-Cuevas explained, “We want to prevent as many people as possible from entering the prison system for nonviolent misdemeanors and nonviolent felonies. This bill is about effective alternatives that unfortunately are not available to many Californians. Let’s give them this option.”
Although some counties currently offer diversion programs for certain misdemeanors, this bill would have expanded the program statewide and included more serious offenses. Notably, defendants facing charges requiring sex offender registration, domestic violence, violent felonies, rape, and sexual abuse of children would not have been eligible for diversion.
The bill faced strong opposition in the Senate and ultimately failed to secure enough votes to pass. Smallwood-Cuevas expressed disappointment, stating, “There wasn’t enough courage in the room to support this measure.” Despite the setback, she remains hopeful that her colleagues will reconsider the benefits of the bill.
Supporters of the bill argued that expanding diversion programs statewide would create equity for defendants regardless of where the crime occurred. The Vera Institute, a nonprofit criminal justice advocate, suggested that California should follow the example of other states that allow diversion for some felonies.
While proponents highlighted the benefits of diversion programs in reducing recidivism and providing valuable services, critics expressed concerns about potential risks to public safety. Some lawmakers raised objections to the inclusion of certain serious crimes in the bill.
With the deadline for passing bills now passed, the measure is effectively stalled for this year but could be reintroduced in 2025.
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