CA AB2778

Department of Justice must develop and publish "Race-Blind Charging" guidelines by January 1, 2024, requiring all prosecution agencies to implement a process for initial charging reviews with race-identifying information removed or redacted.

Beginning January 1, 2025, prosecutors must conduct an initial charging evaluation based on redacted reports and evidence without knowledge of suspect, victim, or witness race, determining only whether to charge or not charge without specifying individual charges.

Following the initial race-blind evaluation, a second complete review using unredacted information must determine specific charges, enhancements, or whether to proceed to grand jury.

When charging decisions differ between the initial race-blind evaluation and second review, the change and explanation must be documented in the case record and disclosed to defendant after sentencing or dismissal, subject to applicable privileges.

Prosecution agencies may exclude certain crime categories from race-blind charging including homicides, hate crimes, domestic violence, sex crimes, gang crimes, public integrity cases, and cases involving voluminous financial documentation.