BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1351 (Eggman) - Deferred entry of judgment: pretrial diversion ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: June 1, 2015 |Policy Vote: PUB. S. 4 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1351 would convert the existing system of deferred entry of judgment (DEJ) for qualified controlled substance offenses to a pretrial diversion program, thereby eliminating the need for a defendant to plead guilty to charges in order to be admitted into an education and treatment program, as specified. Fiscal Impact: Potential increase in state trial court costs (General Fund*) to the extent additional and/or more lengthy trials result than otherwise would have occurred under the existing system of DEJ. The removal of the requirement to plead guilty in order to qualify for a treatment program could potentially result in additional defendants who enter a not guilty plea but are unsuccessful in a diversion program, who subsequently require a more lengthy trial than otherwise would have been AB 1351 (Eggman) Page 1 of ? required under the DEJ process after a guilty plea was entered. The Department of Justice (DOJ) has indicated an unknown, but potentially significant impact (General Fund) should its Criminal Law Division experience an increase in workload due to an increase in litigation for defendants able to have qualifying drug offenses be diverted, repeatedly, which would require status appearances for each new case. *Trial Court Trust Fund Background: Under existing law, a defendant charged with specified controlled substance offenses may be eligible to participate in a DEJ program if the defendant meets specified criteria, including but not limited to that he or she has no prior convictions for any offense involving a controlled substance and no prior felony convictions within five years of the currently charged offense. To participate, a defendant must enter a guilty plea, and entry of judgment on the defendant's plea is deferred pending successful completion of the program. If DEJ is successfully completed, the arrest shall be deemed to never have occurred. Existing law states that a record pertaining to an arrest resulting in successful completion of a DEJ program shall not, without the defendant's consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (Penal Code §§ 1000, 1000.4.) Under existing law, a superior court is authorized but not required to administer a pre-plea drug diversion program if the court, the county district attorney, and the public defender agree. (PC § 1000.5.) In contrast to DEJ, pretrial diversion suspends the criminal proceedings without the requirement for a defendant to enter a plea. If a defendant is unsuccessful in a pretrial diversion program, criminal proceedings resume but the defendant may still proceed to trial or enter a plea. If diversion is successfully completed, akin to DEJ, the criminal charges are dismissed and the charge is deemed to never have occurred. With regard to issues related to immigration, diversion of an offense would arguably be preferable to DEJ to potentially avoid AB 1351 (Eggman) Page 2 of ? adverse immigration consequences. A conviction for possession of controlled substances, even if dismissed, could potentially prompt deportation proceedings or prevent an individual from becoming a U.S. citizen. This bill seeks to reduce the potential for such adverse immigration consequences. Proposed Law: This bill would convert the existing system of deferred entry of judgment (DEJ) for qualified controlled substance possession or personal use offenses to a pretrial diversion program, as follows: To be eligible for diversion, the defendant must not have a prior conviction for a controlled substance offense other than the offenses that may be diverted; the offense charged must not have involved violence or threatened violence; there must be no evidence in the current incident that the defendant committed a drug offense other than an offense that may be diverted; and the defendant must not have any conviction for a serious or violent felony, as defined, within five years of the current charges. Provides that a defendant's participation in pretrial diversion shall not constitute a conviction or an admission of guilt in any action or proceeding. Revises the minimum time allowed prior to dismissal of the case from 18 months to six months, and the maximum time the proceedings in the case can be suspended from three years to one year, except the court can extend the length of the program for good cause. Provides that if the prosecuting attorney, the court, or the probation department believes that the defendant is performing unsatisfactorily in the program, or that he or she has been convicted of an offense that indicates the defendant is prone to violence, or the defendant is convicted of a felony, the prosecuting attorney, the court, or the probation department may move for termination of diversion. Provides that if the court finds that the defendant is not performing satisfactorily in the assigned program, or the court finds that the defendant has been convicted of a specified type of crime, the court shall reinstate the criminal charge or charges and schedule the matter for further proceedings. AB 1351 (Eggman) Page 3 of ? States if the defendant has completed pretrial diversion, at the end of that period, the criminal charge or charges shall be dismissed. Upon successful completion of a pretrial diversion program, provides that the arrest upon which the defendant was diverted shall be deemed to have never occurred. Retains provisions in current DEJ statutes that are consistent with pretrial diversion. Related Legislation: AB 1352 (Eggman) 2015 would require a court to allow a defendant to withdraw his or her plea of guilty or nolo contendere and thereafter dismiss the case upon a finding that the case was dismissed after the defendant completed DEJ and that the plea may result in the denial of, or loss of any employment, benefit, license, or certificate. This bill is scheduled to be heard today by this Committee. Prior Legislation: SB 1369 (Kopp) Chapter 1132/1996 converted the pretrial diversion program in place prior to 1997 to a DEJ program. -- END --