SB 678

Bill Subjects

Abstract

Existing law authorizes a court to grant pretrial diversion to a defendant in specified cases, including when the defendant is suffering from a mental disorder, specified controlled substances crimes, and when the defendant was, or currently is, a member of the United States military. This bill, until January 1, 2025, would require the Board of State and Community Corrections to establish the Restorative Justice Pilot Program and, upon appropriation of money for this purpose by the Legislature, would require the board to make 5-year grants to up to 3 counties to establish and operate restorative justice diversion programs. As part of the program, commencing January 1, 2021, the bill would require a court to defer an eligible defendant's sentence for up to 36 months while the defendant undergoes specified counseling. The bill would require, after counseling and other preparation of the parties, the responsible party to encounter, in a facilitated setting, the victims, or surrogates chosen to stand in for the victims, and directly address the harms the responsible person has caused. The bill would require the victim to be given the opportunity to assist in the shaping of the amends with which the responsible party is required to comply and would require the responsible party, the victim, and representatives of community stakeholders to jointly agree on a restorative justice plan that will bring amends to the victim and the community and help the responsible party make changes that will prevent the commission of additional crimes. This bill would require the board to establish requirements for all counties participating in the program to collect consistent data and to report that data to the board or a qualified research organization designated by the board. The bill would require the board to designate a qualified independent research organization to analyze the data collected and issue a report on the findings, as specified. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would make specified statements, and information derived from those statements, made as a part of the program inadmissible in any action or proceeding.