Back to Press Releases	OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SHASTA
	Gerald C. Benito District Attorney
	Assistant District Attorney Robert J. Maloney

DISTRICT ATTORNEY ANNOUNCES NEW PROGRAMS

FOR MISDEMEANOR OFFENDERS

9/22/09

District Attorney Jerry Benito introduced to the Board of Supervisors and the public, new programs to address misdemeanor offenders in Shasta County. With the reduction in resources and the closing of a floor of the jail, new and innovative measures are necessary for addressing misdemeanor offenders. Today, the Board of Supervisors approved of the programs known as MAAP (Misdemeanor Alternative Accountability Programs) and authorized the collection of fees from these offenders to reimburse the county for expenses incurred in establishing and administering these programs.

In 2008, the District Attorney’s Office filed over 8,000 misdemeanor cases. These cases included DUI, trespass, petty theft, minor assaults, disturbing the peace and driving without a license or with a suspended license. Lack of jail space and reduced resources generally impact misdemeanor cases the hardest because of the low level nature of the offenses. Many misdemeanants do not even appear in court following a citation. Suspended or unlicensed driver cases accounted for over 2,000 (25%) of those cases filed in misdemeanor court. These cases also create a vicious cycle of high fines coupled with a continued inability to drive leading to an inability to work to pay off the high fines. The reality is that many of these offenders continue to drive and incur further violations with the attendant fines and continued suspensions. Generally, the initial suspensions are due to failing to appear in court, failing to pay fines, or failing to pay child support.

In order to maintain offender accountability and reduce recidivism, the District Attorney’s Office is expanding programs that provide accountability and follow-up for non-dangerous misdemeanor offenders. These programs require active participation of the offender in a values improvement or personal responsibility program operated by private vendors who contract with the County. The programs include the pre-complaint diversion (DIV) program and deferred entry of judgment (DEJ) program. Both programs are voluntary for the offender.

The pre-file or diversion program (DIV) is offered before the District Attorney’s Office files criminal charges. The program is offered to low level offenders with minimal records. If the offender pays for and completes the program in the allotted time, the case is dismissed. Failure to complete the program results in a traditional prosecution of the offender in court. The cost of the program to the offender is $300.00 of which $150.00 goes to the county general fund to reimburse the county for the cost of establishing and administering the program. In the past, money collected for this program has been directed to the probation department to allow them to monitor the most serious misdemeanor DUI offenders.

The deferred entry of judgment (DEJ) program occurs after a criminal case is already filed with the court and the matter is before a judge. This program is for a higher level of offender. In this program, the offender must admit the charge and agree to pay for and complete the program. If successful, the offender receives the benefit of having the charges dismissed. Failure to complete the program results in the court imposing a traditional sentence of probation, jail and fines. The cost of the program to the offender is $300.00 of which $150.00 goes to the County Public Safety fund to reimburse the county for the cost of establishing and administering the program.

The DIV program has been in existence since 2004 and is currently provided by Western Corrections, Inc. It includes a values improvement correspondence course. After 3 years from completion of the program, rates of recidivism were at 15%-a very low rate. This values improvement course is also offered as part of a DEJ program.

A new vendor has been found to specifically address suspended or unlicensed drivers and will be offered in both the DIV and DEJ programs. The program involves a live class offered in Redding by local instructors, and includes assistance working with the California Department of Motor Vehicles and others to obtain the offender’s license so the offender can go to work and avoid a re-offense. Shasta County Child Support Services Director Terri Love has agreed to work with the District Attorney’s Office and offenders to permit re-licensing for child support violators with a good faith effort to correct child support payment deficiencies. This is a significant benefit to many. By paying child support again to regain his/her driver’s license, the offender is not the only one that benefits. The child and parent who rely on those child support payments benefit, the Department of Child Support Services benefits, the criminal courts benefit, my office benefits and society benefits. I am especially excited about this aspect of the program. The cost of this program is $375.00, of which $150.00 goes to the County public safety fund. Typical 1^st time offender fines for a suspended license charge are over $1,000. A 2^nd time offense carries fines in excess of $1,800.

Generally, these values-improvement programs involve a type of accountability not currently available in the traditional criminal justice system. There is regular contact and supervision of the offender, an affirmative effort to change behavior through the learning materials, and the benefit of having the offender pay directly for the cost of the program and the financial impact the offender’s conduct has had on the criminal justice system. The benefit to the community is accountability and a rehabilitated offender. In addition to the benefit of being rehabilitated, the incentive for the offender is the lower cost of this program compared to typical fines, no probation, no jail and the chance to clear their record of a criminal offense.

Those charged with DUI, domestic violence and those with a suspended license because of a DUI or for being a dangerous driver are not eligible for either program.

For questions, contact District Attorney Jerry Benito at 245-6310.

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