RESOLUTION NO. 2023-237
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, IMPLEMENTING SECTION 2-1202 OF THE CITY OF POMONA MUNICIPAL CODE AND ESTABLISHING A PRE-ARREST YOUTH DIVERSION POLICY TO OFFER POMONA YOUTH A SECOND CHANCE WHEREAS, youth diversion is broadly defined as an intervention that redirects juvenile correction system responses to prevent a young person’s involvement or further involvement in the justice system; WHEREAS, pre-arrest diversion is distinct as law enforcement refers eligible youth to community-based organizations for services instead of issuing an arrest and/or citation so that the minimal amount of juvenile police records are created before the law enforcement agency makes the referral; WHEREAS, evidence suggests that diverting young people from the juvenile justice system as early as possible is a promising practice; WHEREAS, when implemented well, youth diversion programs can improve outcomes for youth otherwise at risk for long-term involvement in the justice system and the associated damage to their health; WHEREAS, effective and equitable youth diversion can also reduce recidivism within the community, reduce system costs, create stronger economic outcomes among diverted youth, and improve public safety; WHEREAS, a youth diversion program creates positive youth development that includes but is not limited to: competence, confidence, connection, character, and care for young people; WHEREAS, the youth diversion program is for children under the age of 18, who are first-time offenders for a minor offense and agreed to participate in the program; WHEREAS, the City and its residents recognize the benefits of creating institutional partnerships with law enforcement, community-based organizations, and other youth-serving agencies; WHEREAS, reducing the overall numbers of youth arrests, referrals to probation and petitions filed will improve health, academic, and social outcomes for youth otherwise at risk for long-term involvement in the justice system; WHEREAS, diversion reduces racial and ethnic disparities in youth arrest, referrals to probation, and petitions filed; WHEREAS, a robust and expansive diversion program will connect young people to services that address their underlying needs without acquiring an arrest or criminal record, and dismantle the school-to-prison pipeline; WHEREAS, the City of Pomona is committed to the well-being of its residents and as a Compassionate City will pursue all opportunities to ensure that at-promise young people have an opportunity for a second chance; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pomona that the Pomona Police Department shall implement a pre-arrest youth diversion program that shall incorporate the following for its standard practices:
SECTION 1. ELIGIBILITY CATEGORIES FOR YOUTH DIVERSION
The City and all of its elected officials, police department personnel, contractors, and agents shall comply with the terms of this Resolution. Diversion referrals should occur pre-arrest or pre-booking unless otherwise specified. Youth eligible for referrals funded by the Los Angeles County Department of Youth Development (DYD) include all youth who would otherwise have been arrested for any alleged misdemeanor or felony offense, excluding those enumerated in WIC 707(b).
The Pomona Police Department (PPD), vendors providing diversion services, and the Department of Youth Development agree to use the following Eligibility Criteria as the foundation for determining that any young person is suitable for Counsel and Release, Diversion Referral, or Arrest:
Eligibility Categories
Action Taken
(unless deemed unsuitable by supervisor)
Example Offense Types Eligible for Referral from PPD to PCS Family Services, Inc.
Status offense cases
Eligible for Counsel and Release:
Officer may, within his or her discretion, provide youth with informal warning, information about existing resources, or connection to school- or community-based services without any arrest or citation, generation of crime report, or introduction of consequences for failure to complete services.
School-Related Offenses
Petty Theft
Truancy
Curfew Violations
Tobacco or Alcohol Possession or Consumption Related Violations Low Level Drug or Narcotics Violations
Suitable low-level misdemeanor or infraction cases with no DMV follow-up required Incidents where underlying circumstances are better addressed by school administration, family/caregivers, or other youth-serving systems Misdemeanor cases
not deemed suitable for Counsel and Release
Eligible for Diversion: Officer or detective may provide youth with referral to diversion for risk and needs assessment and individualized services as an alternative to arrest or citation and further justice system involvement.
Theft
Miscellaneous crimes in school grounds
Grand theft person
Disturbing the peace
Disorderly conduct
Vandalism including gang affiliation
Drug offenses
Marijuana
Weapons
Probation conditions violations
Robbery wobbler (including Estes and Strong-Arm, no weapons or GBI) Non-WIC 707(b) felony cases
Citations where DMV follow-up is required
Cases Diverted through Probation Department Citation Diversion Program Driving Under the Influence
Incidents with youth 14 years of age or older where custody triggers mandatory referral to Probation pursuant to WIC 625.3 Cases Sent to Probation: Officer or detective completes a citation or booking process and refers youth to Probation. This does not preclude youth from opportunities for diversion at a later stage, either through the Probation Department, the Office of the District Attorney, or the Court.
Felony with a firearm
WIC 707(b) offenses
SECTION 2. LEGAL FOUNDATION AND SUITABILITY OF PARTICIPANTS Diversion is most effective and equitable when it is implemented with strong oversight, standards, and shared goals.
Diversion is most effective and equitable when referrals reach all youth who are legally eligible for referral in lieu of arrest or citation.
Pursuant to California Welfare and Institutions Code (WIC) Sections 625 and 626, a law enforcement officer has broad discretion to use, non-justice system responses to divert youth that include: a) releasing the youth (i.e., Counsel and Release) or b) delivering or referring the youth to a public or private agency with which the city or county has an agreement or plan to provide shelter, counseling, or diversion services.
In determining which disposition to make, the officer shall choose the alternative which least restricts the youth’s freedom of movement, provided that alternative is compatible with the best interests of the youth and the community.
In accordance with WIC 625.3, youth are eligible for diversion unless they are 14 years of age or older and have been taken into custody by an officer for the personal use of a firearm in the commission or attempted commission of a felony or for any offense listed in subdivision (b) of Section 707. Underlying circumstances better addressed by the school administration, family/caregivers, or other youth-serving systems should also be considered.
Suitability
PPD will determine suitability based only on all the facts known to them at the time of initial contact with the youth. No admission of guilt is required for referral to diversion.
A young person’s attitude or other personal characteristics are not to be considered when determining eligibility or suitability.
PPD will determine eligibility and suitability based only on all the facts known to them at the time of initial contact with the youth, and/or prior knowledge as well as what is available to the investigating Officer or Detective . No admission of guilt is required for referral to Diversion. Generally, a youth’s attitude, displayed behavior, lack of cooperation, or other personal characteristics should not be the sole factor(s) used to determine if a youth is unsuitable for referral to Diversion. PPD will agree not to use a youth’s drug and alcohol use, gang affiliation, economic or immigration status, mental health challenge, or other subjects that do not pertain to the eligibility and suitability criteria outlined above as the sole determining factor(s) for whether a youth is unsuitable for referral to Diversion. PPD will not consider a youth’s immigration status when determining suitability for Diversion SECTION 3. REPORTING FOR PO DIVERSION PROGRAM
The Police Department will prepare statistical reports on diversion program activity as agreed to with DYD. All reports will be made available to the Police Oversight Commission and members of the public upon request, as law allows. DYD reports will be posted to the Pomona Police Department website, as law allows.
SECTION 4. TRAINING
The Chief of Police shall ensure training for police department staff occurs annually. All training materials shall be posted on the Police Department’s website.
SECTION 5. CONFIDENTIALITY AND IMMUNITY FOR PARTICIPANTS The Pomona Police Department will keep the information of the youth participating in the diversion program confidential.
Pursuant to WIC 5328(a), when a minor receives mental health treatment and services, their records and all information regarding the treatment or services is confidential and protected by state law.
PPD will not use any statements made by youth during the diversion process (or disclosed to service providers in the course of receiving diversion services) in further criminal proceedings.
PPD will not interview or investigate any employee of the service provider, other diversion service providers, family and community members who participate in diversion, nor any other participant in the youth’s diversion care plan to testify about any information learned in the course of diversion.
PPD will not ask anyone referred for diversion, their parents, caretakers, guardian or community members who participate in the diversion with the youth, about their immigration status.
PPD agrees that all new information learned throughout the diversion process regarding the immigration or documentation status of the diverted youth, their families and caregivers, and any others participating in the diversion process shall not be shared with any federal law enforcement or immigration agencies or authorities, or anyone outside of the diversion process.
PPD agrees to oppose any federal or other requests for information regarding the immigration status of any diversion participant.
SECTION 6. PUBLICATION OF CHANGES OF POLICY
The Police Department shall post this Resolution and agreements with the County of Los Angeles related to youth diversion on the Police Department Website. Any change in policies related to youth diversion or this Resolution shall be published on the Police Department Website.
SECTION 7. TERMINATION OF DIVERSION AGREEMENT
The Pomona Police Department shall not unilaterally terminate its youth diversion agreement with the LA County Department of Youth Development. The police department must seek approval of the City Council before terminating the agreement. The City Council must review and approve any change to the agreement to ensure it complies with the requirements and priorities set forth by this Resolution.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and it shall become effective immediately upon its approval.
PASSED, APPROVED AND ADOPTED this 4th day of December, 2023.
CITY OF POMONA:
______________________
Tim Sandoval
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Sonia Carvalho Rosalia A. Butler, MMC
City Attorney City Clerk
I, HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Pomona at a regular meeting thereof held on December 4, 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
Diana Robles
Deputy City Clerk
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While eligibility and suitability for diversion shall be determined by law enforcement agencies; the appropriate level and type of intervention shall be determined by assessment of risk, needs, and strengths during diversion program intake. ` ATTACHMENT NO. 2