Pretrial Diversion Programs SB 394
Existing Law
Existing law allows individuals charged with a specified crime to qualify for a pretrial diversion program based upon various circumstances and qualifications, including mental health disorders, military service or drug addiction. Existing law generally requires, if the defendant performs satisfactorily in one of these diversion programs, that the court dismiss the defendant’s criminal charges and seal the record of arrest, as specified.
SB 394
California’s Senate Bill No. 394 bill would authorize the presiding judge of the superior court, in consultation with the presiding juvenile court judge and criminal court judges and together with the prosecuting entity and the public defender, to create a pretrial diversion program for defendants who are primary caregivers of a child under 18 years of age, as specified, who are charged with a misdemeanor or a non-serious, nonviolent felony, and who are not being placed into diversion for a crime alleged to have been committed against a person for whom the defendant is the primary caregiver. The bill would set the period of diversion at not less than 6 months, but not more than 24 months. The bill would require the defendant to participate in classes relating to subjects that may include parenting, anger management, and financial literacy, and to receive services relating to housing, employment, and drug, alcohol, and mental health treatment, among others.
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