Misdemeanor diversion, capped probation, juvenile reforms, and a chokehold ban that took effect in 2021.
Beginning January 1, 2021, California enacted many important reforms to its criminal justice system. Below are some of the key changes that took effect.
AB 3234 – Informal Misdemeanor Diversion
Beginning January 1, 2021, a judge can offer Informal Diversion in most misdemeanor cases. Even if the prosecution doesn't agree, the court can allow the client to do classes, community service, pay restitution, etc., and then dismiss the case after a period of time, all without admitting to anything. This type of pre-plea diversion has never existed before in California. AB 3234 allows the client to be diverted away from the criminal justice system and its consequences.
Simply put, the court may now give you an opportunity to keep your record clean before admitting to anything. This gives criminal defense attorneys more leverage in negotiations. There are a few exceptions including domestic violence charges, registrable sex offenses, and stalking. However, a key offense that was not omitted is DUI charges. This means an experienced criminal defense attorney may be able to persuade the judge to grant you Informal Diversion for a DUI.
AB 1950 – Capped Probation Terms
Probation periods will now be shortened and capped. Generally speaking, probation will be set at a maximum of two years for felony convictions and one year for misdemeanors. Felony probation used to be 3 to 5 years. Now it will be set to 2 years max. There are some exceptions like domestic violence charges and DUIs.
AB 901 / AB 2425 / SB 823 – Juvenile Justice Reforms
Problem children in school will no longer be sent to probation programs and will instead receive community-based services. Records of minors will also be protected from public inspection. Finally, starting July 1, 2021, a phase-out of the juvenile prison system began, replaced with the Office of Youth and Community Restoration.
AB 1196 – No Chokeholds by Officers
Police officers are now banned from using chokeholds and carotid holds. This represents an important reform, post-George Floyd, which will prevent anyone being arrested from suffering similar life-threatening injuries in the future.
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