Diversion for repeat retail theft crimes.

(1) Existing law requires a peace officer to release a person who has been arrested for a misdemeanor after securing that person's promise to appear, as specified, unless certain conditions are met for nonrelease, including, among others, there is reason to believe that the person would not appear as required or there was a reasonable likelihood that the offense or offenses for which the person was arrested would continue or resume. This bill, until January 1, 2026, would include in the reasons for nonrelease that the person has been cited, arrested, or convicted for misdemeanor or felony theft from a store in the previous 6 months and that there is probable cause to believe that the person arrested is guilty of committing organized retail theft. By increasing the number of persons subject to detention in county jail, this bill would impose a state-mandated local program. (2) Existing law authorizes the issuance of a bench warrant in specified situations, including when the defendant fails to appear in court after being ordered by a judge or magistrate to personally appear in court at a specific time and place. This bill, until January 1, 2026, would authorize the court to issue a bench warrant when the defendant has failed to appear and the defendant has been cited or arrested for misdemeanor or felony theft from a store and has failed to appear in court in connection with that charge or those charges in the previous 6 months. (3) Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. This bill, until January 1, 2026, would authorize a city or county prosecuting authority 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, as specified. This bill, upon appropriation and until January 1, 2026, would also require the Board of State and Community Corrections to award grant funding to 4 or more county superior courts or county probation departments to create demonstration projects to reduce the recidivism of high-risk misdemeanor probationers, as specified. The bill would require the board to develop reporting requirements for the participating entities and would require those entities to report the results of the demonstration project to the board. The bill would require the board to report to the Legislature and county criminal justice officials 2 years after the appropriation by the Legislature. (4) This bill would specify that its provisions are severable. (5) 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. (6) This bill would declare that it is to take effect immediately as an urgency statute.