Assembly BillPassed first housePenal
AB 2217: Criminal procedure: alternatives to arrest.
What AB 2217 does, verified August 15, 2026
The bill aims to improve public safety and reduce recidivism by increasing the use of social service resources and reducing costs to law enforcement agencies and courts. The program, renamed "Alternatives to Arrest", would provide grants to jurisdictions to establish lead programs, with a focus on Los Angeles and three other jurisdictions. The program would allow law enforcement officers to refer individuals to services as an alternative to arrest, without the need for specific criteria. This would include referrals for disorderly conduct, shoplifting, and other non-violent offenses. The program would also expand eligibility for referral to include individuals at high risk of arrest in the future, and would require a case management component to provide ongoing support. The bill would require a report on the program's effectiveness by January 1, 2031.
Bill journey
✓IntroducedComplete
✓In CommitteeComplete
✓First Chamber FloorComplete
4Second ChamberCurrent
5GovernorPending
6ChapteredPending
Last action: In committee: Held under submission. (2026-08-13)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions16 total · showing 5
| Aug. 13, 2026 | In committee: Held under submission. |
| Aug. 03, 2026 | In committee: Referred to APPR. suspense file. |
| Jun. 24, 2026 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 23). Re-referred to Com. on APPR. |
| Jun. 03, 2026 | Referred to Com. on PUB. S. |
| May. 27, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
Latest bill textAmended version, May 18, 2026 · 2,232 words
| Amended IN Assembly May 18, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 2217
| Introduced by Assembly Member Zbur (Coauthor: Assembly Member Schultz) |
February 19, 2026 |
An act to amend Sections 1001.85, 1001.86, 1001.87, and 1001.88 of, and to repeal and add the heading of Chapter 2.92 (commencing with Section 1001.85) of, of Title 6 of Part 2 of of, the Penal Code, relating to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2217, as amended, Zbur. Criminal procedure: alternatives to arrest.
Existing law establishes the Law Enforcement Assisted Diversion (LEAD) pilot program, which is administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. Existing law requires the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and requires the board to establish minimum standards, funding schedules, and procedures for awarding grants.
This bill would rename the program as the Alternatives to Arrest (ATA) pilot program. The bill would require the board to additionally award a grant or grants to the public health agency administering qualifying programs in the City of Los Angeles and the County of Los Angeles, as well as in up to 3 jurisdictions. other jurisdictions to be identified by the board.
Existing law allows a person to be referred to services through a program by a law enforcement officer as an alternative to arrest, arrest and through a social contact referral by a law enforcement officer if they believe the person is at high risk of arrest in the future for specified crimes relating to controlled substances and prostitution. Existing law requires those social contact referrals to meet specified criteria, including, among other things, verification that the individual has had prior involvement with low-level drug or prostitution activity and that the individual does not have a pending case in drug court or mental health court.
This bill would remove these requirements for social contact referrals and instead authorize them if if, absent probable cause to arrest, the officer believes the person would benefit from case management services and is at high risk of arrest in the future. future and the person expresses interest in voluntarily participating in the program. The bill would expand the offenses eligible for referral as an alternative to arrest to include, among other things, specified disorderly conduct crimes, shoplifting, or other violations identified by the local jurisdiction with agreement of the police chief or sheriff sheriff, the city attorney or district attorney, and the implementing public health or behavioral health agency administering case management services.
Existing law requires the Board of State and Community Corrections to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the program, as specified. Existing law also authorizes the board to contract with experts for the purpose of providing technical assistance to participating jurisdictions. Existing law appropriated $15,000,000 from the General Fund for the program, program and authorized the board to spend up to $550,000 for the purposes of the evaluation contract and technical assistance.
This bill would repeal those provisions, provisions and would require, upon appropriation by the Legislature for these programs, that the funds be granted to the entity responsible for Law Enforcement Assisted Diversion LEAD or ATA in the City of Los Angeles and the County of Los Angeles and public health or behavioral health agencies in other jurisdictions to be identified by the board. The bill would additionally authorize the board to spend a portion of those funds on contracts with experts on the implementation of ATA or similar programs in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. jurisdictions, as specified. The bill would require local jurisdictions to commit to using these funds and local resources to support ATA or LEAD planning, implementation, and services and not supplant local resources that had been previously dedicated to ATA or LEAD programs and services. The bill would require the board to report to the Legislature on the effectiveness of the program on or before January September 1, 2031.
The people of the State of California do enact as follows:
SECTION 1.
The heading of Chapter 2.92 (commencing with Section 1001.85) of Title 6 of Part 2 of the Penal Code is repealed.SEC. 2.
The heading of Chapter 2.92 (commencing with Section 1001.85) is added to Title 6 of Part 2 of the Penal Code, to read:CHAPTER 2.92. Alternatives to Arrest Programs
SEC. 3.
Section 1001.85 of the Penal Code is amended to read:1001.85.
(a) The Alternatives to Arrest (ATA) pilot program is hereby established, as the successor to the Law Enforcement Assisted Diversion pilot program. The purpose of the ATA programs in California is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated arrests and incarceration.(b) ATA programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists:
(1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD ATA participants.
(2) Prioritizing temporary and or permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol.
(3) Employing human and social service resources that prioritize addressing unmanaged mental illness and substance use, and navigate people into stable housing, as needed, in a manner that improves individual outcomes and community safety, and promotes community wellness.
(4) Participation in LEAD ATA services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation.
SEC. 4.
Section 1001.86 of the Penal Code is amended to read:1001.86.
(a) The Alternatives to Arrest (ATA) program shall be administered by the Board of State and Community Corrections.(b) The board shall award a grant or grants to the public health agency administering qualifying programs in the City of Los Angeles and the County of Los Angeles, as well as grants, on a competitive basis, to up to three other jurisdictions to be identified by the board and as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following:
(1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the ATA program as described in this chapter.
(2) Key local partners who would be committed to, and involved in, the development and successful implementation of an ATA program, including, but not limited to, leadership by a public health or behavioral health agency, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of an ATA program in the jurisdiction.
(3) The jurisdiction’s capacity and commitment to coordinate public health, social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter.
(c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals.
SEC. 5.
Section 1001.87 of the Penal Code is amended to read:1001.87.
(a) Alternatives to Arrest (ATA) programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services:(1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in ATA programming shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to ATA shall not be filed, provided that the person finishes the complete completes the assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral.
(2) Social contact referral. A Absent probable cause to arrest, a law enforcement officer may refer an individual to ATA whom they believe would benefit from case management services and is at high risk of arrest in the future. future and who expresses interest in voluntarily participating in the program. ATA may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1).
(b) The following offenses are eligible for either prebooking diversion, social contact referral, or both: prebooking diversion:
(1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for their own consumption.
(2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for their own consumption.
(3) Possession of a controlled substance, a prohibited substance, or drug paraphernalia.
(4) Being under the influence of a controlled substance or other prohibited substance.
(5) Being under the influence of alcohol and a controlled substance or other prohibited substance.
(6) Misdemeanor disorderly conduct pursuant to subdivisions (a), (c),(d), (e), (f), and (h), and paragraph (1) of subdivision (b), of Section 647.
(7) Shoplifting or petty theft.
(8) Misdemeanor trespass.
(9) Burglary in the second degree.
(10) Other violations identified by the local jurisdiction with agreement of the police chief or sheriff, as applicable, the city attorney or district attorney, as applicable, and the implementing public health or behavioral health agency administering case management services.
SEC. 6.
Section 1001.88 of the Penal Code is amended to read:1001.88.
(a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following:(1) Project management and community engagement.
(2) Temporary services Services and treatment necessary to stabilize a participant’s condition, including necessary housing.
(3) Outreach and direct service costs for services described in this section.
(4) Civil legal services for Alternatives to Arrest (ATA) participants.
(5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of ATA participants.
(6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training.
(7) Training and technical assistance from experts in the implementation of ATA, similar, or complementary programs, including experts from other jurisdictions.
(8) Collecting and maintaining the data necessary for program evaluation.
(9) Planning and development of projects to provide services pursuant to this chapter.
(b) (1) The board shall, on or before January September 1, 2031, submit a report to the Legislature on the effectiveness of the ATA program. Effectiveness may be evaluated through outcomes that include case management activities, housing and income stability, educational attainment, and progress toward employment.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(c) Upon appropriation by the Legislature, funds appropriated for the purposes of this chapter shall be granted by the board to the entity responsible for Law Enforcement Assisted Diversion (LEAD) or ATA in the City of Los Angeles and the County of Los Angeles for the continuation and expansion of LEAD or ATA in those jurisdictions and to public health or behavioral health agencies in other jurisdictions to be identified by the board to implement ATA. The board may additionally spend a portion of the funds appropriated for contracts with experts on the implementation and evaluation of ATA or similar programs in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. The allocation to the board to administer the grant program shall be limited to 5 percent of the budget allocation or less. The cost of technical assistance consultation shall be limited to 0.75 percent of the total allocation.
(d) Local jurisdictions shall commit to using these funds and local resources to support ATA or Law Enforcement Assisted Diversion services for not less than four years after receiving their grant. LEAD planning, implementation, and services and shall not supplant local resources that had been previously dedicated to ATA or LEAD programs and services.
(e) Each grantee shall report to the board, in a form and at intervals prescribed by the board, their progress in achieving the grant objectives and data necessary for the board’s report on the effectiveness of the program.
Text of AB 2217 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions