The Community Justice Initiative (CJI) class is a San Diego County District Attorney program for misdemeanor cases: the District Attorney’s Office describes it as a no-cost “three-week Zoom course mandated by the court that incorporates Cognitive Behavioral Therapy techniques.” The San Diego City Attorney’s Office runs a separate program under the same name, so which CJI applies depends on which office is prosecuting the case.

Two offices use the name

Which office prosecutes a misdemeanor depends on where it happened. The City Attorney’s Office says its Criminal and Community Justice Division “prosecutes misdemeanors and infractions committed within City limits.” In a March 2022 release, the District Attorney’s Office said it prosecutes all felonies in the county and “misdemeanor crimes committed outside the City of San Diego.”

  • City Attorney’s CJI. The City Attorney’s Office says it created CJI to give “people who commit low-level misdemeanors a second chance,” and that participants “can earn a dismissal of their criminal conviction by completing community service.” Participants also have access to community-based resources.
  • District Attorney’s CJI. The same March 2022 release called DA CJI “a District Attorney led misdemeanor diversion program developed in 2018, similar to a program developed by the San Diego City Attorney’s Office.” The office’s current page describes the three-week Zoom class, where participants learn to recognize and challenge negative thought patterns through guided, interactive sessions.

Neither office’s public page lists which charges qualify, which are excluded, how a case is referred, or what the court record shows after completion. Those answers come from the prosecutor handling the case, so ask directly or have defense counsel ask.

If CJI is not offered

A judge can still consider misdemeanor diversion under Penal Code section 1001.95. A judge in the superior court where a misdemeanor is being prosecuted may, at the judge’s discretion and “over the objection of a prosecuting attorney, offer diversion to a defendant,” continue the case for up to 24 months on the terms the judge sets, and must dismiss the case if the defendant complies. The statute excludes offenses that would require sex offender registration, offenses involving domestic violence, and stalking under Penal Code section 646.9.

Mental health diversion under Penal Code section 1001.36 is a separate court process that requires, among other things, a diagnosed mental disorder; our mental health diversion page explains it. Neither office’s CJI description mentions a diagnosis.

Questions to ask before agreeing

  • Which office is prosecuting the case, and therefore which CJI program is on the table.
  • Whether a plea or admission comes first. The City Attorney’s Office describes the result as a dismissal “of their criminal conviction,” so ask what the court record will show before and after completion.
  • What completion requires (community service in the City Attorney’s program, the three-week class in the District Attorney’s) and the deadline for finishing.
  • What happens to the case if the program is not completed.
  • If CJI is not offered or does not fit, whether to ask the judge for diversion under Penal Code section 1001.95.

The Law Offices of David S. Chesley can review a San Diego County misdemeanor and explain how CJI compares with court-ordered diversion and other options. Call (800) 755-5174 to discuss the case.