SB 126

Under existing law, the district attorney of any judicial circuit may establish a pretrial diversion program in that judicial circuit or in any county in that judicial circuit. Under existing law, a county pretrial diversion program is under the direct supervision and control of the district attorney, and the district attorney may contract with sanctioned community corrections programs, certified mental health and drug treatment programs, and related programs that provide services related to the pretrial diversion program

Under existing law, a municipality may also establish a pretrial diversion program for qualified cases in the municipal court

This bill would authorize the presiding judge of a circuit court in any county that offers a pretrial diversion program to establish a process by which a municipal court in the county could voluntarily transfer jurisdiction over certain cases in the municipal court to the district court in jurisdictions where the municipality has no pretrial diversion program. This bill would specify that any transfer of cases would be subject to the terms, conditions, and procedures deemed advisable by the presiding circuit court judge after consultation with the district attorney. This bill would also provide that the municipality or the defendant could object to the transfer

To authorize a presiding judge of the circuit court to provide for the voluntary transfer of certain municipal court cases to the jurisdiction of the district court; to provide for the conditions of the transfer; and to provide that the municipality or the defendant could object to the transfer.

Section 1

In any county in which the district or circuit court offers a pretrial diversion program, the presiding judge of the circuit court may provide for the voluntary transfer of municipal court cases to the district court if the municipal court from which the case is being transferred does not offer a pretrial diversion program for the type of case being transferred. The transfer shall be subject to the terms, conditions, and procedures deemed advisable by the presiding judge of the circuit court upon consultation with the district attorney. The district courts shall have exclusive jurisdiction over the case upon transfer from the municipality, and the offense charged shall be prosecuted under the state law charged by the municipality without regard to and without the necessity of proving any enabling ordinance of the municipality adopting the state law as a violation of the municipal ordinance. The municipal court and the defendant may object to the transfer of any case to the district court, and in such instances, the case shall not be transferred.

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.