SB 1110: Law Enforcement Assisted Diversion.

Session Year: 2015-2016
House: Senate

Version:

Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense and authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, and traffic violations.

This bill would require the Board of State and Community Corrections to approve three counties for the establishment of a Law Enforcement Assisted Diversion (LEAD) pilot program. The bill would require the LEAD pilot programs to authorize designated officers to take a person for whom the officer has probable cause for arrest for specified controlled substances offenses, including possession of a controlled substance or other prohibited substance, or prostitution, to treatment programs and services in lieu of that arrest.

This bill, until January 1, 2020, would establish the Law Enforcement Assisted Diversion (LEAD) pilot program, to be administered by the Board of State and Community Corrections, to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. The bill would require the board to award grants, on a competitive basis, to up to 3 jurisdictions to establish LEAD programs and would require the board to establish minimum standards, funding schedules, and procedures for awarding grants. The bill would establish requirements for referral of people who may be arrested for, or who have a history of, low-level drug offenses or prostitution, as defined, to social services in lieu of prosecution. The bill would require the board to contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program and submit a report of the findings to the Governor and the Legislature by January 1, 2020.

Discussed in Hearing