We are happy to announce that we have resumed normal office hours from 9:30 AM to 5:30 PM Monday through Thursday, to assist you with your essential legal matters and needs. For the short term we will remain closed on Fridays. We encourage clients to try and communicate with us by phone and email. If you do need to come into the office, we require face masks and we are maintaining social distancing.

Articles Posted in New Laws

CDCR incarcerates people convicted of violent felonies, supervises those released to parole, and provides rehabilitation programs to help them reintegrate into the community with the tools to be drug-free, healthy, and employable members of society. The Budget proposes total funding of $13.1 billion ($12.7 billion General Fund and $345 million other funds) for the Department in 2021-22.

The COVID-19 Pandemic has impacted every aspect of prison operations and the 2020 Budget Act projected an overall adult inmate average daily population of 122,536 in 2020-21. The average daily adult inmate population for 2020-21 is now projected to be 97,950, a decrease of 20 percent from spring projections.

Some of this decrease is attributable to suspending county intake in response to the COVID-19 Pandemic, which when resumed, will increase the population. Current projections show the adult inmate population is trending downward and is expected to decrease by another 2,626 offenders between 2020-21 and 2021-22.

AB 3234,  taking effect on January 1, 2021, allows for diversion in almost all misdemeanor cases, including DUI, vehicular manslaughter, elder abuse, child abuse, assault, hate crimes, carrying a concealed firearm, possession of a firearm in a school zone, criminal threats, and dissuading a witness.  Upon completion of diversion, as defined by the judge, the case shall be dismissed and the crime deemed to never have occurred.

Diversion and dismissal of the case under AB 3234

Under AB 3234, a judge in the superior court in which a misdemeanor is being prosecuted can offer misdemeanor diversion to a defendant over the objection of a prosecuting attorney, except as specified. A judge can continue a diverted case for a period not to exceed 24 months and order the defendant to comply with the terms, conditions, and programs the judge deems appropriate based on the defendant’s specific situation. At the end of the diversion period, if the defendant complies with all required terms, conditions, and programs, the judge is required to  dismiss the case  against the defendant. The arrest upon which diversion was imposed  will be deemed to have never occurred.  The court may end the diversion and order resumption of the criminal proceedings if the court finds that the defendant is not complying with the terms and conditions of diversion.

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