Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that authorizes judges to offer misdemeanor diversion programs to certain defendants, among other provisions.

Highlights:

• Authorizes a judge of a superior court to utilize discretion in the case of misdemeanors, over any objection of the prosecution, as to whether or not to offer a diversion from jail to the defendant and authorizes said judge to order the defendant to comply with the terms and conditions of the diversion, specific to the defendant’s situation, but not exceeding a period of 24 months (Sec 1).

• Authorizes the court to, if the defendant, at the end of the diversion period, is found in compliance with the terms of diversion, dismiss the action against the defendant, but if found not in compliance, resume criminal proceedings (Sec 1).

• Exempts the following charges from the diversion offer (Sec 1):

• Statutory rape or sexual assault;

• Hate crimes;

• Elder abuse; and

• Vehicular manslaughter.

• Requires the judge to, upon completion of the diversion period in a satisfactory manner, expunge the arrest that resulted in the diversion from the record of the defendant (Sec 1).

• Establishes the Elderly Parole System, administered by the Board of Parole Hearings, to review the cases of incarcerated individuals who are over 50 and have been incarcerated for at least 20 years prior for the purpose of reviewing their parole sustainability (Sec 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes judges to offer misdemeanor diversion programs to certain defendants, among other provisions.

Highlights:

• Authorizes a judge of a superior court to utilize discretion in the case of misdemeanors, over any objection of the prosecution, as to whether or not to offer a diversion from jail to the defendant and authorizes said judge to order the defendant to comply with the terms and conditions of the diversion, specific to the defendant’s situation, but not exceeding a period of 24 months (Sec 1).

• Authorizes the court to, if the defendant, at the end of the diversion period, is found in compliance with the terms of diversion, dismiss the action against the defendant, but if found not in compliance, resume criminal proceedings (Sec 1).

• Exempts the following charges from the diversion offer (Sec 1):

• Statutory rape or sexual assault;

• Hate crimes;

• Elder abuse; and

• Vehicular manslaughter.

• Requires the judge to, upon completion of the diversion period in a satisfactory manner, expunge the arrest that resulted in the diversion from the record of the defendant (Sec 1).

• Establishes the Elderly Parole System, administered by the Board of Parole Hearings, to review the cases of incarcerated individuals who are over 50 and have been incarcerated for at least 20 years prior for the purpose of reviewing their parole sustainability (Sec 2).

Full Bill Text