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AB-2339 Deferred entry of judgment.(2019-2020)

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Date Published: 03/11/2020 09:00 PM
AB2339:v98#DOCUMENT

Amended  IN  Assembly  March 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2339


Introduced by Assembly Member Muratsuchi

February 14, 2020


An act to add Chapter 2.72 (commencing with Section 1001.11) to Title 6 of Part 2 of the Penal Code, relating to deferred entry of judgment.


LEGISLATIVE COUNSEL'S DIGEST


AB 2339, as amended, Muratsuchi. Deferred entry of judgment.
Existing law establishes a procedure of diversion for defendants with mental disorders through which the court may grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment.
This bill would require the Counties of Los Angeles, San Diego, and San Francisco to create a deferred entry of judgment program for defendants who are arrested for disorderly conduct, as specified, public nuisance, or trespassing, and who the court determines have a mental health or substance abuse disorder. The bill would require those counties to assign at least one mental health professional or social worker to collaborate with the court and the county jail to work with people arrested to address housing and services. The bill would require the judge, as part of the deferred entry of judgment program, to require the defendant to participate in programs, chosen by the court and with the advice of the mental health professional or social worker, that are designed to provide assistance, shelter, and treatment for people with mental health or substance abuse disorders. By requiring local governments to implement this program, the bill would create a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Los Angeles, San Diego, and San Francisco.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 2.72 (commencing with Section 1001.11) is added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER  2.72. Deferred Entry of Judgment and Diversion Programs

1001.11.
 (a) The Counties of Los Angeles, San Diego, and San Francisco shall each create a deferred entry of judgment program for defendants described in subdivision (b).
(b) The programs created under this section shall apply to defendants who meet both of the following conditions:
(1) The defendant was arrested for a misdemeanor violation of Section 647 of, except for subdivision (b) or (j) (b), (j), or (l) of Section 647 of, or Section 372 or 602 of, this code.
(2) The court determines that the defendant has a mental health disorder or substance abuse disorder.
(c) Under a program created pursuant to this section, if the defendant consents and waives their right to a speedy trial and a speedy preliminary hearing, if applicable, the court may summarily grant deferred entry of judgment if the defendant pleads guilty to the charge or charges and waives time for the pronouncement of judgment.
(d) As a condition of an agreement to enter the deferred entry of judgment program, the defendant shall agree to participate in programs, chosen by the court with the advice of a mental health professional or social worker assigned pursuant to subdivision (j), that are designed to provide assistance, shelter, and treatment for people with mental health or substance abuse disorders. The period during which deferred entry of judgment is granted shall not exceed the maximum jail sentence allowed for the underlying offense.
(e) (1) If it appears to the prosecuting attorney, the court, or a mental health professional or social worker assigned pursuant to subdivision (j), that the defendant is performing unsatisfactorily in the assigned program, the prosecuting attorney, the court on its own, or the mental health professional or social worker may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered.
(2) If, in a hearing conducted pursuant to paragraph (1), the court finds that the defendant is not performing satisfactorily in the assigned program, the court shall render a finding of guilt to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code.
(f) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the criminal charge or charges shall be dismissed.
(g) Any record filed with the Department of Justice shall indicate the disposition in those cases deferred pursuant to this section. Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment defendant was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning their prior criminal record that the defendant was not arrested or granted deferred entry of judgment for the offense, except as specified in subdivision (h). A record pertaining to an arrest resulting in successful completion of a deferred entry of judgment 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.
(h) The defendant shall be advised that, regardless of the defendant’s successful completion of the deferred entry of judgment program, the arrest upon which the judgment pretrial was deferred based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (g), this section does not relieve the defendant of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.
(i) A court shall refer a defendant in a program created pursuant to this section to a mental health program only if the program includes temporary shelter, provides additional wraparound services as appropriate, and is certified by the State of California.
(j) As part of a program created pursuant to this section, the county shall assign at least one mental health professional or social worker to collaborate with the court and the county jail to work with people arrested to address housing and services. The mental health professional shall be available at the county jail to ensure information about housing and service care can be provided through counseling to homeless individuals upon arrest.
(k) A county shall design a program created pursuant to this section to operate at each regional court within that county.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the of the significant homeless population and the need to ensure care is given to that population in the Counties of Los Angeles, San Francisco, and San Diego.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.