Diversion: retail theft.

Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense. This bill would authorize a district attorney to establish within his or her office a prearrest, retail theft education diversion program for persons who are suspected of theft of merchandise not exceeding $950 in value from a merchant. The bill would authorize the program to be conducted by the district attorney or by a private entity under an agreement with the district attorney. The bill would require a district attorney under the program to determine if the case is appropriate to be referred to the program based on the requirements of this bill and criteria established by the district attorney, and would prohibit a person alleged to have stolen merchandise as part of an organized retail theft effort or conspiracy, or a person with more than one prior conviction for retail theft, from being eligible the program. The program established under the bill would allow the district attorney to agree to forego prosecution on the retail theft pending the completion of a class or classes, as specified, full restitution being made to the victim of the theft, and full payment of any fees assessed.