By Dean Maddox, Public Safety & Crime Reporter
As California grapples with ongoing challenges around retail theft, drug possession, and public safety, Assembly Bill 2108 is drawing heavy scrutiny from law enforcement. Authored by Assemblymember LaShae Sharp-Collins, the bill seeks to expand diversion options for crimes including retail theft and shoplifting.
Diversion would let offenders who would normally face jail time instead get sentenced to drug or alcohol treatment, mental health services, or community service. Even serial offenders could potentially escape prison time. Backers call it a smarter, more rehabilitative approach. Critics say it’s a get-out-of-jail-free card that undercuts the will of voters who passed Proposition 36 just last year.
Supporters frame AB 2108 as a fix for problems created by Proposition 47, which made theft under $950 a misdemeanor and led to thieves operating with near impunity. They argue the bill offers a balanced solution by steering lower-level property offenders into treatment programs instead of jail, potentially reducing recidivism for those battling addiction or mental health issues while still holding them accountable if they fail.
Law enforcement strongly disagrees. The California State Sheriffs’ Association, District Attorneys Association, Police Chiefs Association, and others warn that AB 2108 directly conflicts with Proposition 36, the tough-on-crime measure approved by 68% of voters in 2024. Prop 36 strengthened penalties for repeat retail theft (even under $950 with priors) and created treatment-mandated felonies for repeat drug offenders.
Critics argue the bill would shield serial offenders, reversing the momentum from Prop 36 and returning to the soft-on-crime approach voters rejected. They also question the track record of these programs: many “mandatory” treatment requirements see high failure rates, with offenders either never starting or dropping out entirely.
Sacramento Sheriff Jim Cooper, who is a Democrat, spoke out against AB 2108, highlighting that support for public safety is a bipartisan concern. Cooper stated in a Facebook post:
Instead of fully funding and implementing what voters demanded, state legislators drafted AB 2108 and created yet another diversion program: this time for retail theft offenders.
Like mental health diversion, it offers another way to avoid jail time. Offenders even walk away without a conviction on their record.
For diversion supporters, the bill raises an important question: Can one claim to champion democracy while also ignoring the overwhelming will of the voters?
Dean Maddox
Knows every badge, beat, and scandal in town. Writes like a detective, drinks like a suspect. When the truth gets messy, Dean gets to work.
