In what is being dubbed a “Secret RFP”, the Contra Costa County District Attorney’s Office is set to move many more criminals into a Restorative Justice Program (RJD) before any charges are filed or potential jail time imposed.
Crimes eligible for the restorative justice program for adults ages 18-25, defined as “transitional age youth” would include child molestation, human sex trafficking, burglaries, organized retail theft, robberies, assaults, arsons, teen dating violence, sexual assault, and car theft and carjackings–murders and rapes are the only crimes excluded. The Request for Proposal (RFP-page 12) even calls these crimes” ideal pre-charge RJD cases”.
According to several sources within the District Attorney’s Office, they were horrified by the RFP release on October 10 and called it a “dangerous program” that would severely impact women in the county who could be sexually assaulted, or any teen, who go on a date and are the victim of a sexual assault.
In this program, victims of crimes would be forced to meet with the criminal who victimized them which is not safe for victims of interpersonal violence, such as child abuse & neglect, dating violence, domestic violence, human trafficking, sexual assault, sexual exploitation, sexual harassment, stalking, bullying, hazing, and elder abuse. Additionally, experts have found that requiring a victim/survivor to sit in the same room with the person who committed the crime against them as the only alternative to prosecution re-victimizes the crime victim.
Several sources have also confirmed that no line deputies or supervisors in the District Attorney’s office were made aware of this program before it was posted out to bid.
District Attorney Diana Becton
Following several questions regarding the TAY RFP from this publication, it was learned that the District Attorney’s Office pulled the RFP off their website Friday. District Attorney spokesperson Ted Asregadoo released the following statement:
“The Request for Proposal (RFP) for the Transitional Aged Youth (TAY) Diversion Program was incorrect and has, per county discretionary procedures, been cancelled for now. A revised RPF, reflective of the intended scope of the program will be released soon. The Contra Costa District Attorney’s Office looks forward to identifying community partners to launch a TAY program in Contra Costa County,” said Asregadoo.
No other clarifications were issued as to what was incorrect or when it will be released.
According to the Transitional Ages Youth (TAY) Diversion Program RFP, it would establish the county TAY Program and develop and implement a restorative justice based alternative to incarceration with a focus on rehabilitation and accountability for young adults 18-25.
Within the program, it would require creating spaces for young adults to make amends directly to the people they have harmed—claiming it helps participants understand the harm the inflicted on someone else or their family.
According to the RFP:
The process also creates a space to listen and respond to the needs of the crime survivor, the person who is harmed, and their communities; to encourage accountability through personal reflection and collaborative planning; to integrate the TAY who harmed into the community as a valuable and contributing member; to empower families and/or caregivers to address youthful.
The RFP further states In RJD, a young adult accused of crime meets face-to-face with their crime survivor. Family members and/or caregivers and other supporters of the process are also present. A plan will be developed by which the accused young adult “does right” for the following:
- crime survivor,
- family/caregiver,
- community, and
- self is developed by consensus of all RJD participants.
Also, because this is a pre-charge model, when the plan is completed, charges are never filed–per the RFP.
However, under the Scope of Services (page 12) it appears the District Attorney’ Office made it open season on crime with little to no consequences as the program applies to all crime except murder and rape which would not be refereed to TAY–again, this program is designed for victim and suspect to participate together in pre-charges.
Furthermore, the cases referred to RJD will be felonies or serious misdemeanors and will be crimes processed through the criminal legal system, would have resulted in penalties of probation or incarceration.
According to the TAY RFP,
“It is collectively understood that burglaries, robberies, assaults, arsons, teen dating violence, sexual assault, and car theft and carjackings are ideal pre-charge RJD cases. All referred cases should have at least one identifiable crime survivor, although a small number of cases may ultimately proceed without the crime survivor’s presence, with a surrogate crime survivor ideally of the crime survivor’s choosing.”
Meaning, if you are a victim/survivor or possibly a surrogate, you would sit down the the accused–which many say this is making a victim of a crime become a victim twice.
Although the RFP was pulled Friday, the Transitional Aged Youth (TAY) Diversion Program as designed was not sitting well with many in law enforcement.
Mary Knox, who is running for Contra Costa District Attorney in 2028, said the RFP as released endangers everyone in the county.
“Rather than learning from her past mistakes which have resulted in an unprecedented increase in crime in Contra Costa County, Diana Becton has doubled-down and will not file charges on criminals under the age of 26 who molest our children, sexually assault women, and commit violent felonies at gunpoint. Diana Becton’s policies endanger the safety of everyone in Contra Costa County,” said Knox.
Although the RFP was pulled, Antioch City Councilmember Mike Barbanica, who is also running for District 5 County Supervisor, had concerns the RFP was even released.
“What is concerning to me is the continuous trend in this county where crime is not being prosecuted like it once was. We are seeing the net effects of Prop 47 throughout the State of California, specifically the City of Pittsburg seeing with the shutdown of Target as theft is a big part of it,” explained Barbanica. “We need to get back to holding people accountable for their actions and this is a step in the wrong direction.”
The guidelines outlined in the Transitional Aged Youth (TAY) Diversion Program should be concerning to everyone stated Barbanica while noting each case should stand on its own merits versus becoming a blanket policy.
“Based on the guidelines of this policy, individuals accused of very serious crimes will not be held accountable and that is concerning. I’ve already been contacted by people within the inner law enforcement circle from attorneys and officers who are very concerned with the future of Contra Costa County,” stated Barbanica.
Pittsburg Mayor and Contra Costa County Supervisor Candidate Shanelle Scales-Preston did not respond for comment regarding the RFP.
The Transitional Aged Youth (TAY) Diversion Program will be funded by the Byrne Discretionary Grant from the Office of Juvenile Justice Delinquency Prevention (OJJDP). Its not to exceed $469k and will run Dec. 1, 2023 to May 30, 2025.
- RFP Packet: OJJDP Byrne TAY Diversion Program RFP
Editors note:
This RFP which appears to reduce the number of prosecutions comes after earlier this year the Contra Costa County District Attorney Diana Becton advocated for more staffing. During its marathon budget session in May, the Contra Costa County Board of Supervisors agreed to increase funding to the District Attorney and Public Defenders offices.
Combined, it will cost Contra Costa County more than $2.3 million to bring on 10-new attorneys (5 for each office). This was needed due to the with anticipated workload increases for the Antioch Police text messages investigation and the work required to review both current and past cases. Both officers are also needing to comply with the unfunded state mandates for the Racial Justice Act (AB 256) and the Expanded Felony Murder Petition (SB 775). — full story
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