Bill to Allow Diversion Programs Instead of Jail For Some Felonies Faces Rocky Road
AB 1231 barely passed an Assembly Committee vote last month
By Evan Symon, May 18, 2025 2:45 am
A bill that would expand the usage of diversion programs in courts from solely misdemeanor offenses to including non-violent felonies continued to face a challenging future this week as more lawmakers continue to challenge the controversial bill.
Assembly Bill 1231, authored by freshman Assemblywoman Sade Elhawary (D-Los Angeles), would specifically authorize a court to exercise its discretion to grant pretrial diversion on a non-violet or non-sexual felony offense. AB 1231 would require the court to consult with the prosecutor and the defendant in determining whether or not to grant diversion and would prohibit a court from granting diversion unless it finds that the diversion plan mitigates any unreasonable risk of danger to public safety and that the defendant is likely to benefit from the services provided in the diversion plan.
The bill would also authorize a diversion plan to be administered by a treatment agency, subject to court approval, and would authorize a court to consider reinstating criminal proceedings in certain circumstances, like the commission of a misdemeanor committed while the defendant is receiving pretrial diversion services that shows a propensity for violence, among others. Finally, AB 1231 would require the court to dismiss the criminal allegations if it finds that the defendant has complied with the terms and conditions during the diversion period.
Assemblywoman Elhawary wrote the bill to help alleviate crowded jails in the state, as well as provide a second chance to offenders and reduce the overall chances of recidivism, as studies for the latter have shown that they can to a modest degree.
“Policy alone isn’t enough,” said Elhawary on her bill. “I’m fighting in this year’s budget to expand investment in reentry housing education and rehabilitation programs because a sentence shouldn’t have to be a life sentence to poverty and instability. What we know happens with diversion is that victims see an opportunity to ensure that folks are actually held accountable for their crimes, but accountability doesn’t just look like punishment behind a jail cell.
“We’re not trying to throw away the entire system. What we know is that there are ways to make the system better. And in this case, what that looks like is the opportunity to ensure that folks who are low-level, non-violent, non-serious felonies have a chance to say, ‘Look, I know I messed up, but jail is not the answer. Prison is not the response.’”
AB 1231 opposition
However, AB 1231 has faced massive opposition from Republicans and some Democrats. Many view diversion programs as the defendant ‘getting away with it’, with no regard towards the victims. As the bill would expand it to include some felonies, Diversion programs, which include include drug courts, mental health courts, community service programs, and treatment programs, have also been criticized for not always being effective. A diversion expansion program in L.A. County in 2021 that would allow teenagers who used knives in robberies or who committed sex crimes to get diversion punishments received so much criticism that those involved in promoting it were actually called to resign. Some lawmakers in the Assembly have said that this bill is similarly not reform, especially since some non-violent felonies are the target of diversion sentencing.
“It’s reckless, it’s not reform,” expressed Assemblyman Tom Lackey (R-Palmdale). “Diversion sounds really good, but it does not count as a conviction. And some of the offenses that we’re talking about have victims, even though they’re not violent.”
AB 1231 has polarized lawmakers so far this year, with many on the fence increasingly looking like thew will oppose it in later votes. This can be seen in the Assembly Public Safety Committee vote last month where it narrowly passed 5-2 with 2 abstaining from voting. While the bill could squeak by in the Assembly, AB 1231 will likely have a harder time in the Senate and with Governor Gavin Newsom. Newsom in particular has shifted more towards being tougher on crime in recent years, with AB 1231 not being a sure thing for him to possibly sign off on as it removes jail time for felons.
AB 1231 is expected to be heard next in the Assembly Appropriations Committee next week.
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This is a hard NO. These legislative Dem-Marxists have lied before, they are lying again. This is part of trying to continue the “de-carceration” movement. “Let ’em all out, let ’em all skate without consequences, let our social fabric continue to degrade in this state, with our help.” No, no, NO.
We need the opposite approach now, isn’t that crystal clear to every sensible person? Hasn’t California been overrun by crime and criminals and corruption ENOUGH? Hasn’t Newsom slapped us in the face enough, his latest by refusing to fund voter-approved —- meaning approved by 70% of voters across all party lines —- Prop 36, which is an amazing result, significantly beyond the always-difficult-to-achieve 2/3 approval, no less, in a so-called “blue” state?
How about this, instead: That our legislators MUST spend their time and energy on working to fund PROP 36? Wouldn’t that make perfect sense instead of this continuing Dem-Marxist “anything goes, as long as it helps to undermine society” nonsense? The chutzpah of these people is beyond belief.
Please find and contact your Assembly member and please consider weighing in with your opposition to this bill:
https://www.assembly.ca.gov/assemblymembers
AB 1231.
Exactly. This is just another case of legislative Democrats cuddling criminals without regard for the victims of their crimes.
Democrat Assemblywoman Sade Elhawary is also the dingbat who authored Assembly Bill 742 that requires the Department of Consumer Affairs licensing division to “require those boards to prioritize applicants who are descendants of slaves seeking licenses, especially applicants who are descended from a person enslaved within the United States.” How ridiculous is this bill when California was never a slave state and it gives preferences to applicants who were never slaves while it discriminates against applicants who never enslaved anyone.
As for Democrat Assemblywoman Sade Elhawary who is half-Guatemalan and half-Egyptian, she raised $1.45 million in the 2024 election to narrowly defeat fellow Democrat Efren Martinez, a business consultant who is the son of Mexican immigrants, in the race for Assembly District 57. Not surprisingly the majority of Sade Elhawary’s donations came from leftist big labor groups like SEIU. Hopefully Assembly District 57 voters will send her packing in the next election?
TJ, I know I’m not alone in appreciating — so much — the background information as well as the other awful bills brought to us by Asm Sade Elhawary, as well as your reliable and informative postings elsewhere on many other Dem-Marxist legislators. We must toss as many of these people from the legislature as possible, and as soon as possible. Here’s hoping —- fingers crossed.
This is an asinine bill. Why do people in Los Angeles keep electing such stupid people represent them? Crime is off the charts in LA. There is a long string of burglaries in Hancock Park right now, and this is dummy’s Elhawary answer? What an idiot. She literally has the thinking capacity of a small child.
Never forget that Democrats classify virtually all crimes as “non-violent”. Remember the summer of love and ultra violent” mostly peaceful” riots?
Lights on, nobody home.