California AB 2108: Parole: discharge.

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 Bill Text - AB-2108 Diversion: retail theft.

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 |Add To My Favorites |Track Bill | Version: 07/02/26 - Amended Senate
 04/20/26 - Amended Assembly
 03/19/26 - Amended Assembly
 02/18/26 - Introduced

 AB-2108 Diversion: retail theft.(2025-2026)

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 Date Published: 07/02/2026 09:00 PM

AB2108:v96#DOCUMENTBill Start

 Amended
 IN 
 Senate
 July 02, 2026

 Amended
 IN 
 Assembly
 April 20, 2026

 Amended
 IN 
 Assembly
 March 19, 2026

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 2108

Introduced by Assembly Member Sharp-Collins

February 18, 2026

 An act to amend Section 1001.81 of, and to add Chapter 2.955 (commencing with Section 1001.91) to Title 6 of Part 2 of, the Penal Code, relating to diversion. 

LEGISLATIVE COUNSEL'S DIGEST

AB 2108, as amended, Sharp-Collins.
 Diversion: retail theft.

Existing law, until January 1, 2031, authorizes a city or county prosecuting attorney 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. Existing law requires the prosecuting attorney in a participating county to either refer the case to the county probation department to conduct a prefiling investigation report and determine the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is appropriate for referral. Existing law requires the county probation department or prosecuting attorney’s office to consider certain factors for referral, including, among others, whether the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.

This bill would require the prosecutor or county probation department, for certain theft offenses, including shoplifting and vandalism, to determine whether, based on certain criteria, specified defendants are eligible for a theft diversion program. The bill would require the prosecuting attorney to review their file for certain factors, including whether the offense charged involved a crime of violence or threatened violence and, if the defendant is eligible, would require the attorney to file a declaration or state for the record the grounds for the determination of the defendant’s eligibility. The bill would require the court to dismiss the action against the defendant at the end of the period of diversion if the defendant has complied with the imposed terms and conditions of diversion. By increasing the duties on local officials, this bill would impose a state-mandated local program.

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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1001.81 of the Penal Code is amended to read:

1001.81.

 (a) (1) The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses. The program may be conducted by the prosecuting attorney’s office or the county probation department.

(2) If a county creates a diversion program pursuant to this section, and the accusatory pleading is for a violation of Section 459.5, subdivision (b) of Section 473, or Section 476, 487, 488, 489, 490.1, 490.2, 496, or 594, the prosecuting attorney’s office or the county probation department shall evaluate whether the defendant is
 eligible for diversion pursuant to Section 1001.91.

(b) Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute theft or repeat theft.

(c) Except as provided in paragraph (2) of subdivision (a), if a county creates a diversion or deferred entry of judgment program for individuals committing a theft offense or repeat theft offenses, on receipt of a case or at arraignment, th