PSC - Item 3D - 4. Memo - Crime Stats District Attorney DirectiveCity of Rosemead
Date: July 25, 2024
Memorandum
To: Honorable Chair & Commissioners
From: Amanda Moreno, Senior Management Analyst
Re: Public Safety Commission Meeting — Item No. 3D — LASD Crime
Statistics
Attached is a Special Directive from the Los Angeles County District Attorney's Office
issued on December 7, 2020. The Special Directive issued by George Gascon addresses
issues of Misdemeanor Case Management. Lieutenant Kevin Tiwari provided this as
background to explain how crime stats are affected due to this policy change of
prosecution of low-level offenses.
Thank you.
SPECIAL DIRECTIVE 20-07
TO: ALL DEPUTY DISTRICT ATTORNEYS
FROM: GEORGE GASCON
District Attorney
SUBJECT: MISDEMEANOR CASE MANAGEMENT
D• 7,20 20
This Special Directive addresses issues of Misdemeanor Case Management in Chapter 9 of the
Legal Policies Manual. Effective December 8, 2020, the policies outlined below supersede the
relevant sections of Chapter 9 of the Legal Policies Manual.
INTRODUCTION
The public's interaction with the criminal justice system is mainly through misdemeanor
prosecutions, yet the power and influence of the misdemeanor system in Los Angeles County has
gone largely unnoticed. The goal of this new policy is to reimagine public safety and best serve
the interests of justice and community well-being. As such, the prosecution of low-level offenses
will now be governed by this data -driven Misdemeanor Reform policy directive.
Los Angeles County courts should not be revolving doors for those in need of treatment and
services. Currently, over 47% of those incarcerated pre-trial on misdemeanor cases suffer from
mental illness. Likewise, nearly 60% of those released each day have a significant substance use
disorder. Meanwhile, individuals experiencing homelessness account for almost 20% of arrests in
Los Angeles despite comprising only 1.7% of the population. The status quo has exacerbated social
ills and encouraged recidivism at great public expense.
Moreover, the consequences of a misdemeanor conviction are life-long and grave, even for those
who avoid incarceration. Misdemeanor convictions create difficulties with employment, housing,
education, government benefits, and immigration for non -citizens and citizens alike. Deportation,
denial of citizenship, and inadmissibility affect not only individuals, but also children, families,
and immigrant communities. And no matter one's immigration status, the resultant costs and fees
of misdemeanor convictions force many to choose between necessities such as rent, transportation,
and medical care versus financial obligations to the justice system.
Despite the immense social costs, studies show that prosecution of the offenses driving the bulk
of misdemeanor cases have minimal, or even negative, long-term impacts on public safety.
Agencies equipped with the social -service tools necessary to address the underlying causes of
offenses such as unlicensed driving, sex work, drug possession, drinking in public, and trespassing
are best positioned to prevent recidivism and will thus be empowered to provide help to those in
need.
The goal of the Los Angeles County District Attorney's Office is to protect public safety. To do
so as effectively as possible, we will direct those in need of services to treatment providers, divert
those undeserving of criminal records to appropriate fora, and reorient our focus towards
combating violent and serious criminal offenses.
I. DECLINATION POLICY DIRECTIVE
The misdemeanor charges specified below shall be declined or dismissed before arraignment and
without conditions unless "exceptions" or "factors for consideration" exist.
These charges do not constitute an exhaustive list. Each deputy district attorney is encouraged
to exercise his or her discretion in identifying a charge falling within the spirit of this policy
directive and proceed in accordance with its mandate.
In addition, each deputy district attorney retains discretion to seek a deviation from this policy
when a person poses an identifiable, continuing threat to another individual or there exists another
circumstance of similar gravity. In such a situation, the deptay district attorney must consult with
their supervisor, place their justification for seeking a deviation in writing, and record their
supervisor's determination in the case file. Such a deviation should be the exception, not the rule.
In all circumstances, the person's ability to pay shall be considered.
Trespass — Penal Code § 602(a) -(y)
a. Exceptions or Factors For Consideration
i. Repeat trespass offenses on the same public or private property over the
preceding 24 months
ii. Verifiable, imminent safety risk
iii. No indicia of substance use disorder and/or mental illness, or homelessness
Disturbing The Peace — Penal Code § 415(1)-(3)
a. Exceptions or Factors For Consideration
i. Repeat offenses over the preceding 24 months involving substantially
similar behavior to that charged
ii. No indicia of substance use disorder and/or mental illness
Driving Without A Valid License — Vehicle Code § 12500(a) -(e)
a. Exceptions or Factors For Consideration
i. Repeat driving offenses over the preceding 24 months involving
substantially similar behavior to that charged
2
Driving On A Suspended License — Vehicle Code § 14601.1(a)
a. Exceptions or Factors For Consideration
i. Repeat driving offenses over the preceding 24 months involving
substantially similar behavior to that charged
Criminal Threats — Penal Code § 422
a. Exceptions or Factors For Consideration
i. Offense related to domestic violence or hate crime
ii. Repeat threat offenses over the preceding 24 months
iii. Documented history of threats towards victim
iv. Possession of a weapon capable of causing bodily injury or death during
commission of offense
v. No indicia of substance use disorder and/or mental illness
Drug & Paraphernalia Possession — Health & Safety Code §§ 11350, 11357, 11364, &
11377
a. Exceptions or Factors For Consideration
i. None identified
Minor in Possession of Alcohol — Business & Professions § 25662(a)
b. Exceptions or Factors For Consideration
i. None identified
Drinking in Public — Los Angeles County Municipal Code §13.18.010
c. Exceptions or Factors For Consideration
i. None identified
Under the Influence of Controlled Substance — Health & Safety Code § 11550
a. Exceptions or Factors For Consideration
i. None identified
Public Intoxication — Penal Code § 647(f)
a. Exceptions or Factors For Consideration
i. None identified
Loitering — Penal Code § 647(b),(c), (d), (e)
a. Exceptions or Factors For Consideration
i. Repeat offenses over the preceding 24 months involving substantially
similar behavior to that charged
3
Loitering To Commit Prostitution — Penal Code § 653.22(a)(1)
a. Exceptions or Factors For Consideration
i. None identified
Resisting Arrest — Penal Code § 148(a)
a. Exceptions or Factors For Consideration
i. Repeat offenses over the preceding 24 months involving substantially
similar behavior to that charged
ii. The actual use of physical force against a peace officer
iii. The charge is filed in connection with another offense not enumerated above
If the charge is not declined, follow these sequential steps until dismissal:
A. Pre -Arraignment Diversion via Administrative Hearing. Upon compliance with
condition(s) imposed in the administrative hearing, the charge shall be formally declined;
B. Post -Arraignment, Pre -Plea Diversion. Upon compliance with condition(s) imposed at
arraignment or pretrial, the charge shall be dismissed without the entry of a plea of nolo
contendere or guilty;
C. Post -Arraignment, Post -Plea Diversion. Upon compliance with condition(s) imposed at
pre-trial, the charge shall be dismissed following the withdrawal of a plea of nolo
contendere or guilty.
The conditions of such diversion shall be the same as those statutorily required upon
conviction, absent monetary fines and fees and status registration. In no circumstance may the
offer of diversion be conditioned upon (1) waiver of a person's constitutional or statutory rights or
(2) a temporal or procedural deadline other than commencement of trial.
II. DIVERSION POLICY DIRECTIVE
The purpose of the Diversion Policy Directive is to utilize remediation to protect public
safety, promote individual rehabilitation, and encourage prosecutorial discretion. For all
misdemeanor offenses not listed below under the Declination Policy Directive, pre -plea diversion
shall be presumptively granted. This diversion policy shall not apply to (1)offenses excluded under
Penal Code § 1001.95 and (2) any driving under the influence offense.
The Diversion Policy Directive is also intended to complement statutory diversion schemes
such as those codified under Penal Code §§ 1001.36, 1001.80, 1001.83, and 1001.95. The Deputy
District Attorney shall utilize their discretion, in accordance with the spirit of this policy, when
determining which diversionary scheme is best suited to serve the interests of justice.
The conditions of such diversion shall be the same as those statutorily required upon
conviction, absent monetary fines and fees and status registration. In no circumstance may the
offer of diversion be conditioned upon waiver of a person's constitutional or statutory right, except
for a waiver of time under Penal Code § 1382. The duration of such diversion shall presumptively
be 6 months, but in no circumstance shall it exceed 18 months. Upon compliance with the
condition(s) imposed, the charge(s) shall be dismissed without the entry of a plea of nolo
contendere or guilty.
The presumption of pre -plea diversion may be rebutted upon reasoned consideration of the
following factors:
• Convictions for offenses of equal or greater severity than that charged over the preceding
24 months;
• Documented history of threats or violence towards a victim;
• Clear evidence of an identifiable, continuing threat to another individual or other
circumstance of similar gravity.
In such a situation, the Deputy District Attorney must consult with their supervisor, place their
justification for seeking a deviation in writing, and record their supervisor's determination in the
case file.
III. NON -DIVERSIONARY PLEA OFFERS
If a misdemeanor case is not subject to declination or resolved via the Diversion Policy Directive,
the deputy district attorney shall adhere to the following guidelines when making plea offers:
• No offer shall require that a defendant complete combined jail time and community labor
as a term of a sentence;
• No offer shall require that a defendant complete in excess of 15 days of community labor
as a term of a sentence;
• No offer shall require status registration for a defendant unless mandated by statute;
• Once conveyed to the defendant, no offer shall be increased in response to the defendant
exercising their right to pursue a jury trial or pretrial motion.
In seeking a deviation from any of the aforementioned guidelines, the deputy district attorney must
consult with their supervisor, place their justification for seeking a deviation in writing, and record
their supervisor's determination in the case file.
IV. FINES AND FEES
Fines and fees place burdens on individuals in the criminal system and their families and pose
significant and sometimes insurmountable obstacles to reentry. Deputy district attorneys shall:
• Presume that an individual is indigent and unable to pay fines and fees under the following
circumstances: the individual is represented by the Public Defender, the Alternate Public
Defender, Bar Panel, or a free legal services organization, the defendant is receiving any
type of means -tested government benefits, the defendant is experiencing homelessness or
the defendant can make a showing of indigence by clear and convincing evidence;
• Actively support and in no case object to requests to waive fines and fees for indigent
individuals;
• Refrain from arguing that a failure to pay a fine, fee, or court ordered program represents
a violation of summary probation if the defendant is indigent as defined above, or that
summary probation should be extended based upon an alleged failure to pay, or that an
individual should be incarcerated or suffer an additional sanction due to failure to pay.
The policies of this Special Directive supersede any contradictory language of the Legal Policies
Manual.
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