Law enforcement, district attorneys oppose diversion bill for theft offenders

District attorneys, law enforcement officials and community leaders at a Tuesday press conference voiced opposition to a bill that would implement rehabilitation programs for people who commit theft offenses.

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Assembly Bill 2108 builds upon existing law that authorizes city and county officials to establish alternatives to jail time for those who commit theft. By making these programs mandatory parts of the state justice system, AB 2108 would ensure pathways to rehabilitation exist for individuals driven to crime by poverty.

“Assembly Bill 2108 … creates a statewide diversion option for low-level, nonviolent retail theft so offenders are held accountable without being pushed deeper into the justice system,” said Assemblymember Lashae Sharp-Collins, D-San Diego, the bill’s author, during a speech on the floor of the California Assembly May 27.

Speakers at Tuesday’s press conference argued that AB 2108 would dismantle the policies outlined in Proposition 36, which passed with 68.4% approval in November 2024. Prop. 36, or “The Homelessness, Drug Addiction, and Theft Reduction Act,” increased penalties for certain drug crimes and made thefts worth less than $950 punishable as felonies for individuals with two or more prior theft convictions.

If passed, AB 2108 would require the court to dismiss action against theft offenders if they successfully complete their diversion program. However, the bill mandates that judges discern whether diversion is appropriate on a case-by-case basis, Sharp-Collins said.

According to Sharp-Collins, the bill excludes theft involving violence or threatened violence, organized retail theft offenses and habitual repeat theft offenders. Rather, it aims to help those driven to theft by poverty find alternative pathways to reform.

“This bill is not an anti-Prop 36 bill, but instead it actually builds on the proposition’s promise of consequences and also treatment,” Sharp-Collins said.

Read more Law enforcement, district attorneys oppose diversion bill for theft offenders

El Dorado County district attorney and California District Attorneys Association spokesperson Vern Pierson said AB 2108 would weaken these accountability measures for repeat offenders. According to Pierson, the bill would permit courts to clear misdemeanor charges from an individual’s record, allowing them to commit future thefts without facing jail time for repeat offenses.

“While it’s presented as a diversion bill, its practical effect is to weaken the repeat offender accountability that California has overwhelmingly voted to restore by allowing theft-related offenses to be dismissed through diversion,” Pierson said. “This is not simply a policy disagreement; it’s an attempt to diminish the effectiveness of law enforcement that California has adopted through the initiative process only months ago.”

Chad Bianco, Riverside County sheriff and California State Sheriffs Association president, said AB 2108 represents an “attack” on Prop. 36’s provisions. He pointed to state diversion programs for veterans, youth offenders and individuals with mental illnesses as evidence that California currently provides adequate rehabilitation measures for those convicted of crimes.

“Instead of relying on local discretion and programs that are already in place, AB 2108 mandates a new broad diversion framework that ignores a defendant’s criminal history,” Bianco said. “Not only does it ignore that, it absolutely ignores victims in the state of California.”

According to Sharp-Collins, the rollback of benefits like Medi-Cal and CalFresh under President Donald Trump’s “One Big Beautiful Bill Act” last July may cause more individuals to commit theft to make ends meet. The state should provide pathways to employment for these individuals rather than sentencing them to jail time when possible, said Sharp-Collins in the Assembly.

“Deprivation of resources breeds desperation, and desperation breeds necessity,” Sharp-Collins said on the Assembly floor. “If people end up caught in retail theft due to poverty and necessity, are they less deserving of divergent opportunities and treatment than those experiencing addiction and mental health challenges? Or should our justice system lift up equity and compassionate access to off-ramps as promised in Prop. 36?”

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AB 2108 is now in the Senate Appropriations Committee.