Bill Text: CA SB1282 | 2023-2024 | Regular Session | Amended
Bill Title: Crimes: diversion.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-24 - Ordered to inactive file on request of Senator Smallwood-Cuevas. [SB1282 Detail]
Download: California-2023-SB1282-Amended.html
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May 20, 2024 |
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May 06, 2024 |
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April 24, 2024 |
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April 17, 2024 |
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March 19, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1282
| Introduced by Senator Smallwood-Cuevas |
February 15, 2024 |
An act to amend Sections 1001.81 and 1001.95 of, and to amend the heading of Chapter 2.96 (commencing with Section 1001.95) of Title 6 of Part 2 of, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1282, as amended, Smallwood-Cuevas.
Crimes: diversion.
Existing law 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, as specified.
This bill would also allow the program to be conducted by a county department providing pretrial or health care services or a nonprofit contract agency. The bill would define theft offenses for purposes of the program.
Existing law authorizes a judge in the superior court in which a misdemeanor is being prosecuted to, at the judge’s discretion, offer diversion to a defendant for a period not to exceed 24 months.
This bill would expand that authorization to include any cases being prosecuted, as specified.
The bill would require a court that offers diversion pursuant to these provisions to assess whether to order the individual to participate in specified programs.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill 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) Each county 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, the county probation department, another county department providing pretrial or health care services, or a nonprofit contract agency.(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) 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, the prosecuting attorney shall either refer the case to the county department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether
to refer a case to the program, the department or prosecuting attorney shall consider, but is not limited to, all of the following factors:
(1) Any prefiling investigation report conducted by the county department or nonprofit contract agency operating the program that evaluates the individual’s strengths risks, strengths, and needs, community safety, and the appropriateness of program placement.
(2) If the person demonstrates a willingness to engage in community service, restitution, or other services or mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of
the criminal activity.
(3) If a strength risks, strengths, and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program.
(4) If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program.
(5) Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses.
(d) On referral of a case to the program, a notice shall be provided, or forwarded by mail, to the person alleged to have committed the offense with both of the following:
(1) The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency.
(2) A statement of the penalty for the offense or offenses with which that person has been charged.
(e) The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions:
(1) Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney.
(2) Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program.
(f) For the purposes of this section, the following terms have the following meanings:
(1) “Repeat theft offenses” means being cited or convicted for misdemeanor or felony theft offenses two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction.
(2) “Theft offenses” means misdemeanor or felony theft, including offenses defined in Section 484, burglary in the second degree as defined in Sections 459 and 460, organized retail theft as defined in Section 490.4, and theft from a store or other commercial establishment, after the completion of which the individual attempts to avoid apprehension by an employee or security guard by force or fear.
SEC. 2.
The heading of Chapter 2.96 (commencing with Section 1001.95) of Title 6 of Part 2 of the Penal Code is amended to read:CHAPTER 2.96. Court Initiated Diversion
SEC. 3.
Section 1001.95 of the Penal Code is amended to read:1001.95.
(a) A judge in the superior court in which a case is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions.(b) (1) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation.
(2) The court may request, using existing resources, an assessment to aid in the determination of whether to apply this section to a case. A court may consider any relevant and credible evidence, including, but not limited to, a police report, preliminary hearing transcript, witness statement, statement by the defendant’s behavioral mental health treatment provider, medical record, or record or report by qualified medical expert, case manager, or social worker.
(3) If the court determines in its discretion to divert the case, the court shall assess whether to order the individual to participate in a federal or community-based treatment service program with a demonstrated history of working with individuals with a criminal history, which may include specializing in the treatment of mental health problems, including substance abuse, behavioral health, post-traumatic stress disorder, traumatic brain injury, sexual trauma, and other
related mental health problems, or employment, housing, case management and other related needs.
(4) The court, in making an order pursuant to this section to commit a defendant to an established treatment program, shall give preference to a treatment program that has a history of successfully addressing the underlying condition relating to the person’s criminal history.
(c) If the defendant has complied with the imposed terms and
conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant.
(d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings.
(e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses:
(1) Any offense for which a person, if convicted, would be required
to register pursuant to Section 290.
(2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code.
(3) A violation of Section 646.9.
(4) Murder or voluntary manslaughter.
(5) A violation of subdivision (b) or (c) of Section 11418.
(6) A violent felony, as defined in subdivision (c) of Section 667.5.
(7) Rape.
(8) Lewd or lascivious act on a child under 14 years of age.
(9) Assault with intent to commit rape, sodomy, or oral copulation in violation of Section 220.
(10) Commission of rape or sexual penetration in concert with another person in violation of Section 264.1.
(11) Continuous sexual abuse of a child in violation of Section 288.5.
(7)
(12) Any offense for which diversion is
prohibited by an initiative statute.
(f) If diversion is offered, a court shall consider a referral to housing services, behavioral health care, mental health care, substance use disorder treatment, restorative justice, or other treatment, services, or programs that the court deems appropriate.
