Editorial: A kinder, gentler probation

People convicted of misdemeanors often serve a stint in jail and are then subject to probation, a period of oversight during which the offender, ideally, meets various conditions that may include holding down a job, attending class or completing a drug rehab program. The idea is to ensure that the person convicted of the crime has the wherewithal and the attitude to avoid getting into trouble again. Unfortunately, a criminal record, even for a misdemeanor, too often weighs against the offender in the search for work or school or job-training placement.

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Many people convicted of misdemeanors are sentenced directly to probation, especially in counties such as Los Angeles, where jails are crowded and cells are generally held for the most serious criminals. For the offenders, that means they don’t have to lose their jobs or school placements while they sit in jail. But they still end up with criminal records that could hinder their full reintegration into society as law-abiding members.

Some states have recognized that they can do even better by putting probation on the front end. The defendant pleads guilty and complies with various conditions, including monetary restitution, and the judge can opt not to enter the plea or the conviction. At the end of the year, presuming the offender has made amends, he or she is on a better track and winds up with no criminal conviction. If the conditions aren’t met, the conviction is entered and the offender is sentenced.

Hawaii has had a great deal of success with a version of the program. Virginia has its own twist, with some good results.

So how about California? Lawmakers here have slowly — very slowly — come to realize that we convict and lock up too many people for less serious crimes and in so doing put people on a path that limits their chances to move on with a crime-free life.

Gov. Jerry Brown has on his desk a very modest bill, AB 2124, that would allow a pilot program, only in Los Angeles County and only for five years, giving judges discretion to hold on to a defendant’s guilty plea without entering it and to defer sentencing for first misdemeanor offenses, subject to full restitution and other conditions. Judges like it and prosecutors don’t, because the discretion to determine whether the defendant should have the opportunity to make amends before, rather than after, the sentence rests with the judge — as it should.

The governor should sign the bill and set in motion one more very small effort to make California’s criminal justice system a little smarter and more forward-looking.

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