Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > Calguns LEOs
Register FAQ Members List Calendar Mark Forums Read

Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-30-2018, 9:25 PM
Rascal357 Rascal357 is offline
Junior Member
 
Join Date: Oct 2014
Posts: 6
iTrader: 0 / 0%
Default LEO take on CA AB 1810?

First of all many thanks to the fine men and women who protect and serve our communities. Recently a section of the AB 1810 has been brought to my attention. It is hard for me to believe this can happen in the US, but I read it with my own eyes. On a CA gov website. This is the text of chapter 34 section 15:

QUOTE (15)*Existing law authorizes a county to establish a pretrial diversion program for defendants who have been charged with a misdemeanor offense, with certain exceptions. Existing law also authorizes other diversion programs, including for defendants with cognitive developmental disabilities, defendants in nonviolent drug cases, defendants suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of their military service, and persons issued notices to appear for traffic violations, among others.

This bill would establish a procedure of diversion for defendants with mental disorders through which the court would be authorized to grant pretrial diversion, for a period no longer than 2 years, to a defendant suffering from a mental disorder, on an accusatory pleading alleging the commission of a misdemeanor or felony offense, in order to allow the defendant to undergo mental health treatment. The bill would condition eligibility on, among other criteria, a court finding that the defendantís mental disorder played a significant role in the commission of the charged offense. The bill would authorize a referral for mental health treatment to be made to a county mental health agency, existing collaborative courts, or assisted outpatient treatment only if that entity has agreed to accept responsibility for the treatment of the defendant, as specified.

The bill would, among other things, require the court, after notice to the defendant, defense counsel, and the prosecution, to hold a hearing to determine whether the criminal proceedings should be reinstated, whether the treatment program should be modified, or whether the defendant should be conserved and referred to the conservatorship investigator, if the defendant is charged with, or is engaged in, certain criminal offenses, if the defendant is performing unsatisfactorily in diversion, or if the defendant is gravely disabled, as defined.

If the defendant has performed satisfactorily in diversion, the bill would require the court to dismiss the defendantís criminal charges, with a record filed with the Department of Justice indicating the disposition of the case diverted, and the arrest deemed never to have occurred, and would require the court to order access to the record of the arrest restricted, except as specified.

By increasing the duties of local officials relating to diversion and the sealing of arrest records, this bill would impose a state-mandated local program.

The bill would also authorize the State Department of State Hospitals, subject to appropriation by the Legislature, to solicit proposals from, and to contract with, a county to help fund the development or expansion of the above-described pretrial diversion for individuals with serious mental disorders who may otherwise be found incompetent to stand trial and committed to the department for restoration of competency. The bill would require participants to meet specified criteria, including, among others, that they suffer from certain mental disorders and have felony charges, and that there is a significant relationship between the serious mental disorders and the charged offense or between the individualís conditions of homelessness and the charged offense.

The bill would set forth various requirements for a county submitting a proposal for funding, including, among others, demonstrating a specified match of county funds and reporting certain program data and outcomes to the department. The bill would require the department, when evaluating a proposal, to take certain factors into consideration, and in consultation with the Council on Criminal Justice and Behavioral Health, as specified. The bill would require that patient information and certain personal identifying information reported to the department be confidential and not open to public inspection. END QUOTE

The way it reads to me is that defense attorneys would be able to provide a mental health professional expert who could testify that mentql illness played a significant roll in any misdemeanor or felony. Further more if the mental health proffesional testifies that the mental illness is curable th e court would then remand defendant to mental health treatment for no more than 2 years. At some point within the 2 year period, if the mental health professional certifies that the patient is cured, record of even the initial arrest would be expunged from the defendant's record. Significantly, homelessness and drug abuse qualify as mental illness. As such a homeless person could commit murder, his attorney finds that his condition is treatable, murderer is treated for 2 years, then is sent back into society without even a record of prior arrest. Similarly any illegal alien could claim PTSD from the journey to the US to avoid punishment for a crime including murder. Am I missing something here? LEOs what is your take on this? Stay safe and God bless.
Reply With Quote
  #2  
Old 06-30-2018, 10:48 PM
SoCalDep SoCalDep is offline
Senior Member
 
Join Date: May 2007
Posts: 1,016
iTrader: 30 / 100%
Default

1984
Fahrenheit 451
Catch 22
Animal Farm

Those are the fiction books...

Itís easy to control when you control the information. When crimes arenít criminal there isnít crime... and our grand utopia begins.
Reply With Quote
  #3  
Old 06-30-2018, 11:08 PM
zfields's Avatar
zfields zfields is online now
Vendor/Retailer
CGN Contributor
 
Join Date: Aug 2010
Location: Sonoma County
Posts: 13,432
iTrader: 34 / 100%
Default

I'm a PO, it's going to greatly increase our work load, just as In Re Humphreys has in relations to supervised OR, which adds in some treatment aspects already.


Coming that I started in treatment, I think it's a great way to push people who would normally be down the criminal pathway into diversion for relatively minor charges.

Keep in mind, it's main target is misdemeanors, and low level felony charges.

Murder I highly doubt would be eligible
__________________
Sandstorm Custom Rifle Slings : Custom Paracord slings

10% off slings for calguns members. PM for details. Like us on facebook!
Stuff for sale:
M&P Full size 9mm Off Roster
CZ Sp-01 Tactical Off Roster + CGW parts + Holsters
Reply With Quote
  #4  
Old 06-30-2018, 11:21 PM
zfields's Avatar
zfields zfields is online now
Vendor/Retailer
CGN Contributor
 
Join Date: Aug 2010
Location: Sonoma County
Posts: 13,432
iTrader: 34 / 100%
Default

Really, this just makes it sound like how juvenile probation is handled in a lot of ways.
__________________
Sandstorm Custom Rifle Slings : Custom Paracord slings

10% off slings for calguns members. PM for details. Like us on facebook!
Stuff for sale:
M&P Full size 9mm Off Roster
CZ Sp-01 Tactical Off Roster + CGW parts + Holsters
Reply With Quote
  #5  
Old 07-01-2018, 7:51 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,193
iTrader: 1 / 100%
Default

I learned long ago not to worry about what happens after I have done my job. Worrying about what the DA or the courts do, will only give you ulcer's, and raise your blood pressure. Plea deals, diversion programs, or just plain no prosecution is on someone else, I did my part. One of my "favorite" terms from a deputy DA was, "the case doesn't have jury appeal". When I asked what the hell that meant, he told me that the crime was boring and he didn't think he could hold the jury's attention throughout the trial. It was a possession of a forged prescription case.
Reply With Quote
  #6  
Old 07-01-2018, 8:09 AM
esy esy is offline
Senior Member
 
Join Date: Apr 2012
Location: NorCal
Posts: 708
iTrader: 6 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
I learned long ago not to worry about what happens after I have done my job. Worrying about what the DA or the courts do, will only give you ulcer's, and raise your blood pressure. Plea deals, diversion programs, or just plain no prosecution is on someone else, I did my part. One of my "favorite" terms from a deputy DA was, "the case doesn't have jury appeal". When I asked what the hell that meant, he told me that the crime was boring and he didn't think he could hold the jury's attention throughout the trial. It was a possession of a forged prescription case.
100% agree. I came into this job with that mindset already.
Reply With Quote
  #7  
Old 07-01-2018, 8:27 AM
all-cal all-cal is offline
Member
 
Join Date: Dec 2013
Posts: 251
iTrader: 1 / 100%
Default

The Police must protest these violations of basic human freedoms. If these dirty scumbag politicians don't have an enforcement force, they are powerless.
Reply With Quote
  #8  
Old 07-01-2018, 8:28 AM
all-cal all-cal is offline
Member
 
Join Date: Dec 2013
Posts: 251
iTrader: 1 / 100%
Default

You have to ask yourselves the question: Is your country more important than your pensions?
Reply With Quote
  #9  
Old 07-01-2018, 8:33 AM
P5Ret P5Ret is offline
Veteran Member
 
Join Date: Oct 2010
Location: SF Ebay
Posts: 4,193
iTrader: 1 / 100%
Default

Quote:
Originally Posted by all-cal View Post
The Police must protest these violations of basic human freedoms. If these dirty scumbag politicians don't have an enforcement force, they are powerless.
Quote:
Originally Posted by all-cal View Post
You have to ask yourselves the question: Is your country more important than your pensions?
Did you read the OP? Because I'm having a hard time figuring out what basic human freedom your referring to. The freedom to put people in prison?
Reply With Quote
  #10  
Old 07-01-2018, 12:28 PM
zfields's Avatar
zfields zfields is online now
Vendor/Retailer
CGN Contributor
 
Join Date: Aug 2010
Location: Sonoma County
Posts: 13,432
iTrader: 34 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
Did you read the OP? Because I'm having a hard time figuring out what basic human freedom your referring to. The freedom to put people in prison?
I'm doubting it, since AB 1810 is a way to keep people out of the criminal system.
__________________
Sandstorm Custom Rifle Slings : Custom Paracord slings

10% off slings for calguns members. PM for details. Like us on facebook!
Stuff for sale:
M&P Full size 9mm Off Roster
CZ Sp-01 Tactical Off Roster + CGW parts + Holsters
Reply With Quote
  #11  
Old 07-01-2018, 2:34 PM
eta34's Avatar
eta34 eta34 is offline
Senior Member
 
Join Date: Oct 2006
Posts: 2,019
iTrader: 24 / 100%
Default

Iím confused, all-cal. What about this bill violates basic human freedoms? From what I am reading, the bill would likely put less people in the penal system. It would provide treatment and diversion from prison. Please explain your stance. We will wait.
Reply With Quote
  #12  
Old 07-01-2018, 2:50 PM
MJB's Avatar
MJB MJB is offline
CGSSA Associate
 
Join Date: Sep 2010
Location: San Diego
Posts: 4,103
iTrader: 0 / 0%
Default

Quote:
Originally Posted by P5Ret View Post
I learned long ago not to worry about what happens after I have done my job. Worrying about what the DA or the courts do, will only give you ulcer's, and raise your blood pressure. Plea deals, diversion programs, or just plain no prosecution is on someone else, I did my part. One of my "favorite" terms from a deputy DA was, "the case doesn't have jury appeal". When I asked what the hell that meant, he told me that the crime was boring and he didn't think he could hold the jury's attention throughout the trial. It was a possession of a forged prescription case.
There is more than one lesson here.....
__________________
One life don't blow it!
Reply With Quote
  #13  
Old 07-02-2018, 5:43 AM
Shadowdrop Shadowdrop is offline
Member
 
Join Date: Dec 2008
Location: Orange County, CA
Posts: 474
iTrader: 1 / 100%
Default

I can't wait to take my PERs and all that sweet, sweet pre-tax deferred comp to another state. One without income tax.
Reply With Quote
  #14  
Old 07-02-2018, 8:08 AM
ddaalan ddaalan is offline
Junior Member
 
Join Date: Feb 2010
Location: Brea, CA
Posts: 12
iTrader: 0 / 0%
Default

There are no crime exclusions. A murderer can qualify for diversion, and eventual dismissal of charges if the murder was substantially caused by the mental illness.
Reply With Quote
  #15  
Old 07-02-2018, 10:20 AM
code_blue's Avatar
code_blue code_blue is offline
Veteran Member
 
Join Date: Sep 2012
Location: Moscow, Democratic People's Republik of Kaliforniazakstan
Posts: 2,780
iTrader: 98 / 100%
Default

How exactly would you folks participating expect LEO's to take on this bill? Strike? That's against policy for most agencies. Campaign? That's not an LEO function. CLEO's can publish and make statements, but they are not part of the process of legislation. Your best bet is to do like we all are supposed to: write our legislators and urge them to oppose just like with all other laws or intended laws.
Reply With Quote
  #16  
Old 07-09-2018, 6:13 AM
tgriffin's Avatar
tgriffin tgriffin is offline
Calguns Addict
 
Join Date: Nov 2006
Location: Central Valley
Posts: 5,163
iTrader: 20 / 100%
Default

The real question that I have is if going through this process would qualify for adjudication for the purposes of denying firearms ownership/purchase.
__________________
www.ccwforall.com
Donate to the New Promethean Initiative: DonateNPI@Gmail.com

Quote:
Originally Posted by pullnshoot25
I would love to have a hole cut in the ceiling so I could pop out and BAM! Hit 'em with my spice weasel...
Quote:
Originally Posted by aileron
The hassle would be between this. (_._) and this (_0_).
Quote:
Originally Posted by Neil McCauley View Post
When Im wearing a miniskirt than yeah sure I use my foot to flush the urinals all the time!
Reply With Quote
  #17  
Old 07-09-2018, 11:05 AM
CinnamonBear723 CinnamonBear723 is offline
Senior Member
 
Join Date: Dec 2011
Location: Orange County
Posts: 1,623
iTrader: 5 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
I learned long ago not to worry about what happens after I have done my job. Worrying about what the DA or the courts do, will only give you ulcer's, and raise your blood pressure. Plea deals, diversion programs, or just plain no prosecution is on someone else, I did my part. One of my "favorite" terms from a deputy DA was, "the case doesn't have jury appeal". When I asked what the hell that meant, he told me that the crime was boring and he didn't think he could hold the jury's attention throughout the trial. It was a possession of a forged prescription case.
I have learned to feel this way especially after being a detective. We work day in and day out on a case to put ppl away and the DAs and judges hand out slaps on the wrist or refuse the case altogether. Like he said, I did my part.
Reply With Quote
  #18  
Old 07-09-2018, 11:07 AM
CinnamonBear723 CinnamonBear723 is offline
Senior Member
 
Join Date: Dec 2011
Location: Orange County
Posts: 1,623
iTrader: 5 / 100%
Default

Quote:
Originally Posted by P5Ret View Post
Did you read the OP? Because I'm having a hard time figuring out what basic human freedom your referring to. The freedom to put people in prison?
Yea I'm not really moppin what he's sloppin. And again it appears someone has the idea that we have all powerful political persuasion.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 7:22 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.
Calguns.net and The Calguns Foundation have no affiliation and are in no way related to each other.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.