AB 208 — Deferred entry of judgment: pretrial diversion.

Summary

Existing law allows individuals charged with specified crimes to qualify for deferred entry of judgment. A defendant qualifies if he or she has no conviction for any offense involving controlled substances, the charged offense did not involve violence, there is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, the defendant's record does not indicate that probation or parole has ever been revoked without being completed, and the defendant's record does not indicate that he or she has been granted diversion, deferred entry of judgment, or was convicted of a felony within 5 years prior to the alleged commission of the charged offense. Under the existing deferred entry of judgment program, an eligible defendant may have entry of judgment deferred, upon pleading guilty to the offenses charged and entering a drug treatment program for 18 months to 3 years. If the defendant does not perform satisfactorily in the program, does not benefit from the program, is convicted of specified crimes, or engages in criminal activity rendering him or her unsuitable for deferred entry of judgment, the defendant's guilty plea is entered and the court enters judgment and proceeds to schedule a sentencing hearing. If the defendant completes the program, the criminal charges are dismissed. Existing law allows the presiding judge of the superior court, with the district attorney and public defender, to establish a pretrial diversion drug program. This bill would make the deferred entry of judgment program a pretrial diversion program. The bill would make a defendant qualified for the pretrial diversion program if there is no evidence of a contemporaneous violation relating to narcotics or restricted dangerous drugs other than a violation of the offense that qualifies him or her for diversion, the charged offense did not involve violence, there is no evidence within the past 5 years of a violation relating to narcotics or restricted dangerous drugs other than a violation that qualifies for the program, and the defendant has no prior conviction for a felony within 5 years prior to the alleged commission of the charged offense. Under the pretrial diversion program created by this bill, a qualifying defendant would enter a plea of not guilty and waive his or her right to a trial by jury, and proceedings would be suspended in order for the defendant to enter a drug treatment program for 12 to 18 months, or longer if requested by the defendant with good cause. The bill would require the court, if the defendant does not perform satisfactorily in the program or is convicted of specified crimes, to terminate the program and reinstate the criminal proceedings. The bill would require the criminal charges to be dismissed if the defendant completes the program. This bill would incorporate additional changes to Section 1000.4 of the Penal Code proposed by SB 393 to be operative only if this bill and SB 393 are enacted and this bill is enacted last.

Bill Text

• Chaptered 10/14/17 - Chaptered Current pdf October 14, 2017
• Enrolled 09/15/17 - Enrolled pdf September 15, 2017
• Amended 09/08/17 - Amended Senate pdf September 08, 2017
• Amended 09/01/17 - Amended Senate pdf September 01, 2017
• Amended 03/08/17 - Amended Assembly pdf March 08, 2017
• Introduced 01/23/17 - Introduced pdf January 23, 2017
• AB208 View text html

Action History

1. October 14, 2017

   Chaptered by Secretary of State - Chapter 778, Statutes of 2017.

2. October 14, 2017

   Approved by the Governor.

3. September 25, 2017

   Enrolled and presented to the Governor at 12 p.m.

4. September 14, 2017

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 45. Noes 29. Page 3372.).

5. September 13, 2017

   Assembly Rule 77(a) suspended. (Ayes 54. Noes 25. Page 3255.)

6. September 13, 2017

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 15 pursuant to Assembly Rule 77.

7. September 12, 2017

   Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 2776.).

8. September 11, 2017

   Read second time. Ordered to third reading.

9. September 08, 2017

   Read third time and amended. Ordered to second reading.

10. September 05, 2017

    Read second time. Ordered to third reading.

11. September 01, 2017

    Read second time and amended. Ordered returned to second reading.

12. September 01, 2017

    From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (September 1).

13. August 21, 2017

    In committee: Referred to APPR. suspense file.

14. July 12, 2017

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 11). Re-referred to Com. on APPR.

15. June 14, 2017

    Referred to Com. on PUB. S.

16. June 05, 2017

    In Senate. Read first time. To Com. on RLS. for assignment.

17. June 01, 2017

    Read third time. Passed. Ordered to the Senate. (Ayes 46. Noes 27. Page 2055.)

18. May 30, 2017

    Read second time. Ordered to third reading.

19. May 26, 2017

    From committee: Do pass. (Ayes 12. Noes 5.) (May 26).

20. April 05, 2017

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. March 15, 2017

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (March 14). Re-referred to Com. on APPR.

22. March 09, 2017

    Re-referred to Com. on PUB. S.

23. March 08, 2017

    From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

24. February 28, 2017

    In committee: Set, first hearing. Hearing canceled at the request of author.

25. February 06, 2017

    Referred to Com. on PUB. S.

26. January 24, 2017

    From printer. May be heard in committee February 23.

27. January 23, 2017

    Read first time. To print.

Sponsors

• Eggman · Primary

Votes

Subjects