What Is the P.A.T.H. Diversion Class? What Happens?

Studies have shown that such young adults still have a developing brain. Graham v. Florida (2010) 130 S. Ct. 2011, a U.S. Supreme Court case setting aside a life sentence without eligibility for parole (LWOP) as unconstitutional cruel and unusual punishment, in violation of the Eighth Amendment ban on such punishment.

In arriving at this decision, the U.S. Supreme Court recognized scientific studies that demonstrated many young persons’ judgement and decision-making skills continue to develop up until about age 25. Other studies have shown that young adults are more prone to peer pressure and are more prone to engage in impulsive behavior, often involving risk taking. Therefore, while a twenty-five-year old may be physically mature and not getting any taller past age eighteen or nineteen, his or her brain has not finished growing and developing.

Some would say that one’s maturity and decision-making skills never stop improving, but studies have show that the most development occurs up to about age twenty-five.

The Long Beach City Prosecutor’s Office recognizes the negative effect a conviction and being on probation can have on a young adult who is trying to enter the workforce, keep a job, etc. It is already extremely difficult for a young adult to afford to live on his or her own, but getting and keeping a job is the first step.

The juvenile court system, in contrast to the adult court, has rehabilitation as its primary goal. Punishment is not the primary goal. When a defendant enters adult court, rehabilitation is less of a priority. However, with a young adult charged with a violation of a minor offense, the consequences can be extremely damaging, we think. When a young person is placed on probation, even if only informal (summary) probation, that person will need to answer “yes” on any job application asking if the person is on probation or parole. This will most likely result in being denied employment. Likewise, if the employer finds out about one being on probation, even if informal or summary probation, the employer may terminate that employee out of fear that if he or she violates probation, the employee will not report to work.

With today’s job market being so tough, anyone on probation or with a conviction is at a distinct disadvantage, no matter how impressive one’s academic achievements are. This is especially so with younger job applicants who may not be perceived as mature or having a good work ethic. The P.A.T.H. program aims to prevent such a stigma on the employment applications of those charged with minor crimes, so it does not hold the person back from getting the job and hurting that person’s climb toward being a contributing member of society.

For more information about diversion in general, please click on the following articles:

1. What Is Diversion, Delayed Entry of Plea and Deferred Entry of Judgment?
2. Diversion Programs in California for Armed Forces Veterans
3. What Is Mental Disorder Diversion (Penal Code 1001.36)?