Sponsor(s):
SB285 - Senators Keahey and Ward
HB494 - Representative Hill

Summary/Synopsis: Under existing law, various counties have implemented pretrial diversion programs through local acts. This bill would:

1. Allow any district attorney or municipality throughout the state without a local act to establish a discretionary pretrial diversion program and would set basic operating standards for the program.
2. Provide for judicial oversight into the approval of the disposition of the criminal charge.
3. Provide for the voluntary application of an offender, represented by an attorney, into the pretrial diversion program and that any agreement shall be approved by the court.
4. Provide for program fees and their distribution.
5. Make statutory drug courts and specialty courts paramount to pretrial diversion programs established pursuant to this act.
6. Provide that counties or municipalities with existing discretionary pretrial diversion programs established prior to the effective date of this act may adopt this act in its entirety or portions of the act.
7. Require the Office of Prosecution Services to develop and maintain a pretrial diversion offender database.

League Action and Justification: LWVAL supports SB285 and HB494.
This legislation is consistent with the spirit and intent of League positions. For example, “In order to deal with the problems of reintegration of offenders into the community and to minimize the use of traditional incarceration, the League of Women Voters supports maximum efforts to expedite trial and to ensure swift and consistent justice. It also supports the concept of rehabilitation as a major goal of the criminal justice system.” League also supports: “Use of counseling programs as alternatives to pretrial detention.”

Bill Progress in Legislature:

SB285
02/28/2013: First Reading and referred to the
02/28/2013: Judiciary first Substitute (150296-3) Offered; Judiciary 1st Amendment (150604-1) Offered; Reported from Judiciary as Favorable with 1 Substitute and 1 Amendment.

04/04/2013: 2nd Reading and placed on the calendar with 1 Substitute (150296-3) and 1 Amendment (150604-1) from Judiciary; pending 3rd Reading and Favorable from Judiciary with 1 Substitute and 1 Amendment.

05/07/2013: Indefinitely postponed.

HB494
03/20/2013: First Reading and referred to the
04/23/2013: Read for the 2nd time and placed on the calendar with 1 Substitute (152394-4) and 1 Amendment (152498-2); 3rd Reading Passed; Judiciary 1st Substitute Offered; Motion to Adopt adopted (96-0-0); Judiciary Amendment Offered: Motion to Adopt adopted (100-0-0); Motion to Read a 3rd Time and Pass adopted (98-1-0); Engrossed.
04/25/2013: 3rd Reading Passed; Judiciary 1st Substitute (152394-4) Offered; Motion to Adopt adopted (96-0-0); Judiciary Amendment (152489-2) offered; Motion to Adopt adopted (100-0-0); Motion to Read a 3rd Time and Pass adopted (98-1-0); Engrossed.
05/02/2013: Read of the first time in the Senate and referred to the
05/09/2013: Read 2nd time in Senate and placed on calendar; Marsh table Marsh motion to recommit adopted; Pending 3rd reading on Day 30, Favorable from Judiciary

05/20/2013:
Senate: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted (33-1-0)
House: Passed Second House
Senate: Signature Requested
House: Enrolled; Clerk of the House Certification
Forwarded to the Governor on May 20.2013 at 10:25 p.m. on May 20, 2013.