San Diego County District Attorney Summer Stephan announced today that her office has been recognized with an Achievement Award for its new Workplace Justice Unit, from the National Association of Counties (NACo). The awards honor innovative, effective county government programs that strengthen services for residents. [TWEET THIS]

In February, the District Attorney’s Office launched its Workplace Justice Unit, which is dedicated to protecting workers’ rights, prosecuting criminal wage theft cases and stopping labor trafficking. In launching the unit, DA Stephan took into consideration community response and hosted a workplace justice panel in partnership with San Diego County Supervisor Nathan Fletcher, to identify ways to better-protect workers across the county, many of whom come from minority and disadvantaged communities.

“We accept this national award on behalf of all workers and those who advocate on their behalf. We appreciate the advocates who have trusted our DA Workplace Justice team with the labor abuses committed on workers,” DA Summer Stephan said. “Wage theft and labor trafficking are serious problems that we are working to contain in partnership with the community. We’re not going to allow workers in San Diego County to be exploited by greedy employers who break the law to line their own pockets and this award confirms we are on the right track.”

The DA’s new Workplace Justice Unit is comprised of a dedicated prosecutor, DA investigator and paralegal. The Unit prosecutes unfair business practices, wage and hour violations, payroll tax evasion, wage theft and labor trafficking cases. As part of the formation of the Unit, the DA’s Insurance Fraud Division was re-named the Insurance Fraud and Workplace Justice Division.

To more effectively protect workers and seek equitable workplace justice, the DA’s Office is educating the public on worker rights through a wallet or palm card in English and Spanish and has created a public web page where anyone can obtain information about workplace justice and where victims of workplace crimes can report directly to the District Attorney’s Office. In addition, workers can also email or call the workplace justice hotline to make a report or report claims directly on the DA’s website.

NACo President Gary Moore said, “Over the past year, county officials and frontline employees have demonstrated bold, inspirational leadership. This year’s Achievement Award winning programs illustrate the innovative ways counties build healthy, safe and vibrant communities across America.”

Nationally, awards are given in 18 different categories that reflect the vast, comprehensive services counties provide. The categories include children and youth, criminal justice and public safety, county administration, information technology, health, civic engagement and many more.

Started in 1970, NACo’s annual Achievement Awards program is designed to recognize county government innovations. Each nominee is judged on its own merits and not against other applications received. [TWEET THIS]

San Diego County District Attorney Summer Stephan today announced an ambitious new juvenile justice reform initiative designed to keep juveniles out of the criminal justice system while addressing the underlying cause of harmful behavior. The Juvenile Diversion Initiative (JDI) is a countywide early intervention program that prioritizes diversion options for youth instead of filing criminal charges. The goal is to reduce the number of youth who enter the juvenile justice system, engage the community and stakeholders in the youth’s rehabilitation, and address the causes of the their unsafe behavior while at the same time fostering accountability to crime victims and community. [TWEET THIS]

Once in the diversion program, youth will participate with their family or caregiver and have access to services they may need that will help address contributing factors to their harmful behavior. Youth who successfully complete the program will leave with an understanding of the impact of their choices and will avoid permanent and negative outcomes related to the formal criminal justice system, including stigma, labeling and having a criminal record.

“The DA Juvenile Diversion Initiative is a leap forward in dismantling the school to prison pipeline and providing youth across our county a bridge to leading a healthy life, away from the criminal justice system,” said DA Summer Stephan. “If we can redirect juveniles from the very start, it spares them the negative effects of having a criminal record and gives them a better chance at success in the future. Providing them with culturally competent and restorative resources that address the root causes of the criminal behavior in the communities in which they live support the best outcome for our youth.”

For the first time, this new initiative will offer youth facing a misdemeanor or felony charge the option to participate in diversion before charges are filed as an alternative to prosecution and to avoid future negative outcomes associated with formal proceedings. An additional benefit of the diversion program is the anticipated reduction in formal court proceedings, which will free up limited resources and services for high-risk youth in need of more intensive rehabilitative services.

The DA’s Juvenile Diversion Initiative program is scheduled to begin this summer and will be available for youth between 12 and 18 years of age who commit non-serious offenses not covered under 707(b) of the California Welfare and Institutions Code. The program provides comprehensive therapeutic services, pro-social skill building opportunities, educational support as well as restorative justice community conferencing to ensure participants are supported and the needs of victims are addressed. Participation is a voluntary process, and upon completion the diverted youth will have the opportunity to have their arrest record sealed.

The District Attorney’s Office will work closely with the National Conflict Resolution Center (NCRC) to implement and administer the JDI program including subcontracting for intervention services with community providers and the private sector. The organization will collaborate with the community for ongoing support for youth by embedding restorative justice principles in community engagement and participation. NCRC will also provide restorative support to victims as part of the development of each participant’s case plan.

“We are grateful to the county for giving NCRC the opportunity to collaborate with the DA’s office to change the course of high-risk youth in our community through this innovative program,” said Steven Dinkin, president of the National Conflict Resolution Center. “Our team is uniquely qualified to administer the JDI program as NCRC has been at the forefront of restorative justice practices in the San Diego community for over a decade helping to provide alternative methods to conflict resolution rather than detention or incarceration.”

[Click here if you’re a community-based organization with services you believe might fit with the Juvenile Diversion Initiative.]

The DA’s Juvenile Division files an average of 1,900 criminal cases each year. It’s estimated that about 500 juveniles will be offered the opportunity to participate in the Juvenile Diversion Initiative annually.

Research shows a majority of youth who are arrested and charged with delinquent behavior do not become repeat offenders. Given this data, the DA’s Juvenile Diversion Initiative is designed to reduce the risk of criminal socialization by providing positive social interactions, instilling discipline, improving school engagement, and addressing the underlying causes of such behavior.

Over the past five years, the number of people in juvenile detention has been reduced without increasing crime thanks to a partnership with the Probation Department, Public Defender, law enforcement and the San Diego Superior Court. In 2015, there were 450 minors in juvenile detention and today there are less than 160, most of whom have committed a violent or serious offense. [TWEET THIS]

The District Attorney’s work in juvenile justice reform includes improved options for reporting student abuse or trauma in the home or at school, an increased focus on preventing school shootings and a human trafficking curriculum provided to schools.

Read more about juvenile justice-related reforms here.

In honor of Asian American and Pacific Islander Heritage Month, we are highlighting compelling stories from DA employees and what inspired them to pursue a career in public service.

Meet DA Investigator Bao Luu, who has been part of the District Attorney’s Bureau of Investigation (BOI) since 1993. He is a Commander who currently oversees BOI personnel assigned to the Family Protection Division and the Sex Crimes and Human Trafficking Division. Before joining the DA’s Office, he worked as a Deputy Sheriff and Police Detective with the goal of one day being a DA Investigator.

Why did you decide to work at the DA’s Office?

“When I was in the police academy in 1984, I had an instructor who was a DA Investigator taught a class.  During breaks, I spoke to him about his position and what DA Investigators do.  I was fascinated that there are law enforcement officers who work directly with prosecutors and, as a team, bring justice to those who are victimized.

I was a Theater major at UCSD, so I have always enjoyed interacting with people; law enforcement allowed me to interact with people in a way that could have a profound impact on their lives.  My favorite part of the job is that it allows me to use my creativity to solve a crime or prove a case.  Investigation and prosecution of a case take a collaboration of creativity to identify the suspect, gather evidence, identify victims and witnesses, and gain their cooperation.  I find the process exciting and challenging.”

Why is AAPI Month important to you?

“The AAPI community contributes to our society in so many different fields. I also want to celebrate and honor the struggle and sacrifices that families have made to leave their homeland due to wars or repressive governments to bring us here for a brighter future.”

Read more stories for AAPI Heritage Month:

• Deputy DA Leonard Trinh
• Deputy DA Fanny Yu
• Chief Deputy DA Jerrilyn Malana
• Deputy DA Hung Bach

As part of ongoing criminal justice reform initiatives, San Diego County District Attorney Summer Stephan announced today that her office has ramped up efforts to review prison sentences, as authorized by a newer law, that may be unduly harsh and identify people who can safely be released from prison early and re-integrated back into the community. [TWEET THIS]

“Prosecutors have a duty to seek the truth and justice before, during, and after someone is convicted and that includes making sure that prison sentences are proportionate with the harm that the crime produced” DA Summer Stephan said. “This new law allows prosecutors to repair past inequities by looking back and correcting any unjust sentences and we are committed to doing while considering crime victims and public safety. It’s also important we continue to approach criminal justice reform initiatives like this lawfully and responsibly, making sure when someone is released, they’re set up to succeed when they come back to our communities.”

Recently, Rogelio Espinoza was the fourth defendant to be resentenced and released from custody. Espinoza, now 48, had been convicted of assault with a firearm and received a sentence of 29 years-to-life in prison. On April 27, a judge resentenced Espinoza to 13 years, allowing his immediate release from prison. Espinoza is the third person to be resentenced at the request of the District Attorney’s Office since a change in the law allowed DA’s to petition for resentencing.

The other person resentenced recently is Hector Contreras, 51, who was convicted of being a felon in possession of a firearm and originally received 27 years-to-life in prison. He was resentenced to three years at a hearing on March 15 and was released after having served 24 years in prison.

Monday, May 3, a judge will resentence James Riveria, 84, who was convicted of a series of residential burglaries series in Rancho Santa Fe. Riveria received a sentence of 140 years-to-life and has served 25 years in prison.

The San Diego County District Attorney’s Office also announced it is partnering with the non-profit organization For the People to expand the number of cases it is considering for resentencing. To date, the prison sentences of more than 750 people have been identified for review. The DA’s newly reorganized Conviction and Sentence Review Unit (CASRU) is working with For the People to review these cases and others to determine if resentencing is appropriate in the interest of justice.This collaboration complements the District Attorney’s program, which was already in place and that accepts applications for sentencing review from incarcerated people themselves.

The increased focus on resentencing has been driven in part by recent changes in the law. Assembly Bill 2942 went into effect in 2019, allowing prosecutors to recommend resentencing and petition a judge to hear the matter. The San Diego District Attorney’s Office was the first in California to successfully use the new law. In 2019, 57-year-old Kent Williams was resentenced and released from prison. Williams had been sentenced to 50 years-to-life for burglary and car theft. Last year, Jonathan Simmons, 57, was released 21 years early after the DA’s Office, working with the Innocence Project on a resentencing petition. Simmons had been sentenced to 43 years-to-life for stabbing a homeless man in the neck during a drug deal.

The DA’s Office has filed additional petitions asking the court to resentence two additional individuals:

• Gerald Jones, 44 plead guilty to a bank robbery with a firearm and agreed to a 30-year prison sentence. He has served about half of his term. Jones robbed a bank on Mission Gorge Road while wearing a Ronald Regan mask and armed with a gun.
• Gary Kosta, 65 plead guilty to a commercial robbery series and received 50 years-to-life. He has served 24 years. Kosta robbed numerous businesses over the course of two months, simulating a weapon to gain cash from registers

As part of its commitment to reviewing sentences and to public safety, the District Attorney’s Office is also partnering with several local service providers and community leaders in San Diego County, including, San Diego Workforce Partnership, Second Chance, Pillars of the Community,  Community Development Corporation, Home Start, Family Health Centers of San Diego, Father Joe’s, Metro Community Ministries, Youth Empowerment, and Youth Aware, to assist with a smooth and successful transition from prison into the community for those whose release is granted by a judge. The DA’s CARE Center is involved as a re-entry specialist and the Public Defender, Sheriff’s Department and Parole will also play important roles in this endeavor.

DA Stephan embraced the opportunity to partner with For The People, believing that there are likely many incarcerated people who, in retrospect, were sentenced to more time than was necessary for their rehabilitation and debt to society. For The People provides a unique and specific expertise to District Attorney Offices to help them launch and implement DA-initiated resentencing policies through the advent of California’s DA Resentencing Law.

“We are thrilled to be partnering with DA Stephan, especially in light of the pandemic and the increased urgency to safely release people from prison and reunite them with their families” said Hillary Blout, Executive Director of For The People.

The office also receives recommendations for resentencing from the California Department of Corrections and Rehabilitation (CDCR), applications from incarcerated people themselves, and referrals from the community. In some cases, Deputy DAs inside the office bring cases forward for resentencing.

DA Stephan has expanded and re-named her office’s Conviction Review Unit to include sentencing review, adding resources and relocating the unit under the DA’s Special Operations Division, ensuring increased separation and more independence.

The numbers of cases being considered continues to expand and go through the review process. After receiving a list recently of more than 750 cases from CDCR, the DA’s Office reviewed and narrowed it down to about 125. In partnership with For The People, we are starting with 40 cases for an in-depth review. Prior to the partnership with For the People, the DA’s Office had a running list of cases it was already reviewing, bringing the total number of cases currently under review to about 150.

The law recognizes that incarcerated people may have served sufficient time, have been adequately rehabilitated and, therefore, will be ready for a safe and law-abiding re-entry. In those cases, the District Attorney will recommend to a Judge under the law a recall and resentencing in the interest of justice. The San Diego County District Attorney’s Office welcomes applications for sentencing review and is committed to reviewing these requests in a fair, consistent, and transparent manner. [TWEET THIS]