BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2124| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED AB 2124 Page 2 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 CONTINUED AB 2124 Page 3 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 CONTINUED AB 2124 Page 4 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 CONTINUED AB 2124 Page 5 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 **** END **** CONTINUED