Senate Republicans have released an analysis of Assembly Bill 1231 (AB 1231), arguing that the legislation poses risks to public safety and undermines recent voter-approved measures aimed at increasing accountability for felony crimes in California.
The bill would allow diversion programs for individuals charged with a range of felonies, including offenses targeted by Proposition 36. Last November, nearly 70% of California voters approved Prop. 36, which was designed to strengthen penalties for certain crimes.
“Prop. 36 still isn’t fully funded, and they want to undermine that even further?” said Senator Kelly Seyarto, Vice Chair of the Senate Public Safety Committee. “Californians are fed up with years of crime and letting repeat offenders off the hook. They demanded accountability, and this bill threatens to undo that.”
“If Prop. 36 moved us two steps forward on public safety, AB 1231 moves us right back by creating a pinky promise system for felons,” said Senator Suzette Martinez Valladares. “How can this legislature say it’s serious about crime if it continues to take away consequences?”
“Instead of delivering real accountability, this proposal coddles criminals and insults the overwhelming number of Californians who demanded that we hold criminals accountable and protect our businesses and communities,” said Senator Roger Niello, Vice Chair of the Senate Budget Committee. “We should be investing in the public safety reforms voters demanded, not undercutting them.”
San Diego County District Attorney Summer Stephan voiced concerns in an opposition letter: “This bill significantly undermines the integrity of California’s criminal justice system and poses real risks to public safety, victims’ rights, and prosecutorial discretion.”
Under AB 1231, those convicted of felonies such as theft, vandalism, trespassing, or drug charges could qualify for self-reporting diversion programs rather than face traditional sentencing.
An opposition letter from several law enforcement organizations—including The California Police Chiefs Association (CPCA), Peace Officers Research Association of California (PORAC), California State Sheriffs’ Association (CSSA), and Chief Probation Officers of California (CPOC)—stated:
“AB 1231 creates a new felony diversion program that allows those accused of any of a number of felonies, including hate crimes, looting, and repeat theft and drug crimes, to qualify for diversion. This bill allows felony offenders to avoid meaningful consequences for the actions they choose.
“Voters in the last election clearly signaled their position on the restoration of accountability and ineffective use of alternative consequences by overwhelmingly approving a statewide ballot measure (Proposition 36) that strengthened penalties on some of the exact crimes AB 1231 seeks to divert away from sentencing.”
Recent incidents have brought attention to concerns over current diversion practices. In May this year in Fair Oaks, Jordan Murray fatally stabbed Carlos Romero after being released through a mental health diversion program. In another case in August in Sacramento County, Jason Hinkins—who had two prior strikes—was given mental health diversion before carrying out a drive-by shooting.
