Committee hears bill to expand misdemeanor diversion, allow judges to dismiss charges after substantial compliance

The Law & Justice Committee on March 24 heard public testimony on Engrossed Substitute House Bill 1113, a bill authorizing courts to dismiss certain misdemeanor and gross-misdemeanor charges if a defendant substantially complies with court-ordered terms, conditions or programs by the end of a continuance period.

Representative Daria Farvar, state representative from the 46th Legislative District and sponsor of the bill, said the measure is intended to expand diversion options “especially for folks with behavioral health disabilities or are in behavioral health crisis.” She described the proposal as a way to “establish some meaningful accountability for individuals that allows them to address their challenges head on, be it through treatment or other services and support, rather than going through incarceration.”

Staff counsel Ryan Giannini summarized the bill to the committee, describing pre-filing diversion options and the bill’s mechanics: a defendant must waive the right to a speedy trial, comply with court-ordered terms and programs,…