In 2020 Governor Newsom signed into law SB 394 which created a diversion program for primary caretakers in CA who have committed a crime and are facing incarceration. The law is designed to alleviate the financial stress on families when the breadwinner goes away to jail. The law also contemplates lessen the cycle of incarceration and alleviating the trauma endured by children when a parent in behind bars.
The law creates a program wherein a defendant can petition the Court to allow for alternatives to jail for both non violent felonies and misdemeanor charges. A motion is brought by the attorney with a declaration attesting that the accused provides substantial financial or familial support and that the minor children in household would be detrimentally harmed if the defendant goes to jail.
Caretaker Diversion is codified in Penal Code 1091.83. The law is a welcome sight for many who saw the instability and chaos created when a parent of a minor child went to prison. The law allows for rehabilitation and accountability without punishing the innocent children for acts of their parents. California is indeed progressive in implementing the law, San Francisco is the first to adopt and create a program, it is hoped Los Angeles will soon follow.
