The diversion program is currently available in San Joaquin County.
California offers a number of diversion programs that are design to give people who commit crimes an opportunity to avoid incarceration. Generally, these programs are designed for low-level drug offenders, people with mental health disorders, or military veterans who may need treatment rather than jail time. A new program — currently being tested in San Joaquin County — would expand the opportunity for diversion and give victims more of a voice in the program.
The program is known as Restorative Justice. According to a criminal attorney in Riverside, CA, it is designed to reduce recidivism (people returning to jail) by having people who plead guilty or no contest to crimes meet with those who they harmed. Initially introduced as Senate Bill 678 by State Senator Steve Glazer, a Democrat from Orinda, the bill did not become law. Instead, Governor Newsom used the elements of the bill for a pilot program, funded by $5 million from the new state budget.
The Restorative Justice program would give defendants in criminal cases an alternative. Rather than being sentenced to jail or prison, individuals would undergo counseling, meet with victims, and make amends for the damage that they have caused. In this way, they are actively participating in remedying the harm caused by their actions, instead of simply being sent off to jail. In San Joaquin County, District Attorney Tori Salazar reports that she has already launched a similar program with a grant from the federal government — with great success. According to Salazar, the recidivism rate has dropped from 70% to 5%. Of 76 people who graduated from the program, only 3 have returned to the criminal justice system.
Not every person charged with a crime in California will be eligible for this program. First, as it is currently a pilot program, you must be in San Joaquin County. Second, if you have been convicted of murder, attempted murder, rape, sexual assault or child abuse, you cannot participate. Third, a number of agencies will determine if a defendant to ready to participate in the program. Fourth, the victim has to consent to participate; if they choose to not engage, then the defendant will not be eligible.
While the program is currently limited in scope, if it is successful in San Joaquin County, it will ideally be expanded throughout California. Like other diversion programs, there is some discretion as to who is eligible to participate. Yet, as a criminal attorney in Riverside, CA can explain, for anyone who can qualify for the process, it may be a way to not only avoid jail time, but to turn your life around.
The Chambers Law Firm is dedicated to staying on top of the latest news and developments in California law, including opportunities for alternative sentencing. We believe that each of our clients deserve the best possible defense, and work diligently to advocate for our clients. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
