BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2124
          Author:   Lowenthal (D)
          Amended:  8/22/14 in Senate
          Vote:     21


           SENATE PUBLIC SAFETY COMMITTEE  :  5-2, 6/24/14
          AYES: Hancock, De León, Liu, Mitchell, Steinberg
          NOES: Anderson, Knight

           ASSEMBLY FLOOR  :  48-25, 5/28/14 - See last page for vote


           SUBJECT  :    Misdemeanor offenses:  deferral of sentencing:   
          pilot program

           SOURCE  :     Author


           DIGEST  :    This bill, until January 1, 2018, establishes a pilot  
          program in the County of Los Angeles to authorize a judge in the  
          superior court at the judge's discretion and over the objection  
          of the prosecution, to defer sentencing a defendant who has  
          submitted a plea of guilty or nolo contendere to a misdemeanor  
          for a period not to exceed 12 months.

           Senate Floor Amendments  of 8/22/14 narrow the bill to a three  
          year pilot program in Los Angeles County.

           ANALYSIS  :    Existing law:

          1.Provides that the entry of judgment may be deferred with  
            respect to a defendant charged with specific controlled  
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            substance offenses if they meet specific criteria, including  
            no prior convictions for any offense involving a controlled  
            substance and have had no prior felony convictions within five  
            years. 

          2.Provides that upon successful completion of a deferred entry  
            of judgment, the arrest upon which the judgment was deferred  
            shall be deemed to never have occurred. The defendant may in  
            response to any question in regard to his or her prior  
            criminal record that he/she was not arrested or granted  
            deferred entry of judgment, except as specified. 

          3.Provides that the district attorney of each county shall  
            review annually any diversion program adopted by the county,  
            and no program shall continue without the approval of the  
            district attorney. No person shall be diverted under a program  
            unless it has been approved by the district attorney. Nothing  
            in this subdivision shall authorize the prosecutor to  
            determine whether a particular defendant shall be diverted. 

          4.States, notwithstanding any other provision of law, this  
            chapter shall become operative in a county only if the board  
            of supervisors adopts the provisions of this chapter by  
            ordinance. 

          5.Provides that the district attorney of each county shall  
            review annually any diversion program established pursuant to  
            this chapter, and no program shall continue without the  
            approval of the district attorney. No person shall be diverted  
            under a program unless it has been approved by the district  
            attorney. Nothing in this subdivision shall authorize the  
            prosecutor to determine whether a particular defendant shall  
            be diverted. 

          6.States that it is the intent of the Legislature that these  
            provisions of law shall not be construed to preempt other  
            current or future pretrial or pre-complaint diversion  
            programs. It is also the intent of the Legislature that  
            current or future post trial diversion programs not be  
            preempted, except as provided. 

          This bill:
           
           1.Establishes a pilot program in the County of Los Angeles to  

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            authorize a judge in the superior court at the judge's  
            discretion and over the objection of the prosecution, to defer  
            sentencing a defendant who has submitted a plea of guilty or  
            nolo contendere to a misdemeanor for a period not to exceed 12  
            months.

          2.Specifies certain criteria that will disqualify a defendant,  
            including having been previously deferred or the charge  
            including specified crimes.

          3.Authorizes the judge to order the defendant to comply with  
            terms, conditions, and programs, as specified, and requires a  
            defendant whose sentence is deferred to complete all  
            conditions ordered by the court, make full restitution, and  
            comply with specified court orders in order to have his/her  
            plea stricken.

          4.Provides that if the defendant during the period of deferral  
            in a county without a misdemeanor diversion program, complies  
            with all terms, conditions, and programs required by the  
            court, then, the judge shall, at the end of the period, strike  
            the defendant's plea and dismiss the action against the  
            defendant.

          5.Sunsets the provisions of the pilot program January 1, 2018.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  8/26/14)

          American Probation and Parole Association
          California Attorneys for Criminal Justice
          California Judges Association
          Californians for Safety and Justice
          Judicial Council of California
          Los Angeles County Superior Court
          Mexican American Bar Association PAC
          Taxpayers for Improving Public Safety

           OPPOSITION  :    (Verified  8/26/14)

          Alameda County District Attorney's Office
          Anaheim City Attorney's Office

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          California District Attorneys Association
          California Police Chiefs Association
          Citizens for Law and Order
          Contra Costa County District Attorney
          Crime Victims Action Alliance
          Crime Victims United
          Los Angeles District Attorney
          Pacific Educational Services, Inc.
          San Diego County District Attorney
          Stanislaus County District Attorney
          Ventura County District Attorney

           ARGUMENTS IN SUPPORT  :    American Probation and Parole  
          Association support this bill noting:

               A criminal record could prevent a defendant from gaining  
               employment or professional licensing and thereby increasing  
               the risk of additional criminal activity.  Diversion  
               programs are also useful as part of treatment plans for  
               substance abuse or mental illness.  By addressing the  
               issues that led to the charge, clients can reduce their  
               chance of involvement in future offenses.  In addition,  
               community service has the effect of building self-esteem  
               and a sense of serving the community which further  
               decreases the risk of recidivating.

               Diversion programs reduce the trial docket caseload for  
               courts, allowing resources to be allocated to more serious  
               cases.  Diversion programs also benefit the court system by  
               allowing first-tie offenders to gain a positive perception  
               of the judicial process through the system giving them the  
               opportunity to avoid prosecution and change their behavior.  
                A negative situation becomes a life-changing opportunity.

           ARGUMENTS IN OPPOSITION  :    The Los Angeles District Attorney's  
          Office opposes this bill stating:

               Granting courts the unilateral power to divert defendants  
               who do not qualify for a diversion under the prosecution's  
               criteria would be a significant change in the law.  It  
               would greatly expand the court's dismissal powers which  
               have traditionally been carefully circumscribed.

               Under current law, diversion programs are authorized not  

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               mandated. Our office currently operates several different  
               types of diversion programs such as the Women's Reentry  
               Court, veteran's court, multiple drug diversion programs  
               and the Abolish Chronic Truancy program. Our office is  
               already in the process of developing new misdemeanor  
               diversion programs.  We believe that it is in the best  
               interests of the residents of Los Angeles County that these  
               programs be allowed to develop locally under the auspices  
               of the District Attorney before involving the Superior  
               Court in the equation.


           ASSEMBLY FLOOR  :  48-25, 5/28/14
          AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,  
            Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,  
            Chesbro, Dababneh, Daly, Dickinson, Eggman, Fong, Fox,  
            Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Hall,  
            Roger Hernández, Holden, Jones-Sawyer, Levine, Lowenthal,  
            Medina, Mullin, Nazarian, Pan, John A. Pérez, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Skinner, Stone, Ting, Weber,  
            Wieckowski, Yamada, Atkins
          NOES: Achadjian, Allen, Bigelow, Chávez, Conway, Dahle, Beth  
            Gaines, Grove, Hagman, Harkey, Jones, Linder, Logue,  
            Maienschein, Mansoor, Melendez, Muratsuchi, Nestande, Olsen,  
            Patterson, Quirk-Silva, Salas, Wagner, Waldron, Wilk
          NO VOTE RECORDED: Cooley, Donnelly, Gray, Perea, V. Manuel  
            Pérez, Williams, Vacancy


          JG:nl  8/26/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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