California - Justice Data Accountability and Transparency Act

Cal. Penal Code § 13370 (West)

Population: All populations

Legal Features: Data Collection

Law Type: Statute

Excerpt of Relevant Text:

(e) Agencies shall collect and transmit to the department the following data elements in accordance with this section and under direction from the department. The department shall have discretion to resolve ambiguities in this subdivision consistent with the purposes of this section, including the development of uniform definitions for the required data elements. The department shall also have discretion to determine the form and format in which data elements shall be captured and transmitted. Except as provided in subdivisions (g) and (h), for each case, the following data elements shall be gathered and published as described in this section. For purposes of this article, a case is defined as a collection of charges filed by an agency on a particular date to initiate a criminal prosecution for a felony or a misdemeanor. A case dismissed and later refiled shall only be counted as one case. The collection of charges filed by an agency against multiple defendants in a single charging document shall each be an individual case for each such defendant. […]
(27) Whether the prosecutor determined that the defendant was eligible for diversion. For purposes of this section, diversion is defined as a program, either as created and defined by state law or an agency, by which charges are reduced or dismissed as part of participation in alternatives to prosecution such as counseling, therapy, restorative justice principles, or periods of noncriminality.

Read Full Text of Cal. Penal Code § 13370 (West)