reglab/housing_qa huggingface dataset:
CA Penal Code § 1001.61 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.61.

1001.61.  The district attorney may refer a bad check case to the diversion program. Except as provided in Section 1001.64, this chapter does not limit the power of the district attorney to prosecute bad check complaints.(Added by Stats. 1985, Ch. 1059, Sec. 1.)
CA Penal Code § 1001.62 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.62.

1001.62.  On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the bad check diversion program. In determining whether to refer a case to the bad check diversion program, the district attorney shall consider, but is not limited to, all of the following:(a) The amount of the bad check.(b) If the person has a prior criminal record or has previously been diverted. (c) The number of bad check grievances against the person previously received by the district attorney.(d) Whether there are other bad check grievances currently pending against the person.(e) The strength of the evidence, if any, of intent to defraud the victim.(Added by Stats. 1985, Ch. 1059, Sec. 1.)
CA Penal Code § 1001.63 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.63.

1001.63.  On referral of a bad check case to the diversion program, a notice shall be forwarded by mail to the person alleged to have written the bad check which contains all of the following:(a) The date and amount of the bad check.(b) The name of the payee.(c) The date before which the person must contact the person designated by the district attorney concerning the bad check.(d) A statement of the penalty for issuance of a bad check.(Added by Stats. 1985, Ch. 1059, Sec. 1.)
CA Penal Code § 1001.64 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.64.

1001.64.  The district attorney may enter into a written agreement with the person to forego prosecution on the bad check for a period to be determined by the district attorney, not to exceed six months, pending all of the following:(a) Completion of a class or classes conducted by the district attorney or private entity under contract with the district attorney.(b) Full restitution being made to the victim of the bad check to hold offenders accountable for victims’ losses as a result of criminal conduct. For the purpose of this subdivision, “restitution” means the face value of the bad check or bad checks and any bank charges, as described in Section 1001.65.(c) Full payment of the diversion fees, if any, specified in Section 1001.65.(Amended by Stats. 2008, Ch. 264, Sec. 2. Effective January 1, 2009.)
CA Penal Code § 1001.65 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.65.

1001.65.  (a) A district attorney may collect a processing fee if his or her office collects and processes a bad check. The amount of the fee shall not exceed fifty dollars ($50) for each bad check in addition to the actual amount of any bank charges, including the returned check fee, if any, incurred by the victim as a result of the offense.(b) Notwithstanding subdivision (a), when a criminal complaint is filed in a bad check case after the maker of the check fails to comply with the terms of the bad check diversion program, the court, after conviction, may impose a bad check processing fee for the recovery and processing efforts by the district attorney of not more than fifty dollars ($50) for each bad check in addition to the actual amount of any bank charges incurred by the victim as a result of the offense, including the returned check fee, if any, not to exceed one thousand two hundred dollars ($1,200) in the aggregate. The court also may, as a condition of probation, require a defendant to participate in and successfully complete a check writing education class. If so required, the court shall make inquiry into the financial condition of the defendant and, upon a finding that the defendant is able in whole or part to pay the expense of the education class, the court may order him or her to pay for all or part of that expense.(c) If the district attorney elects to collect any fee for bank charges incurred by the victim pursuant to this section, including any fee charged for a returned check, that fee shall be paid to the victim for any bank fees that the victim may have been assessed. In no event shall reimbursement of a bank charge to the victim pursuant to subdivision (a) or (b) exceed fifteen dollars ($15) per check.(Amended by Stats. 2008, Ch. 264, Sec. 3. Effective January 1, 2009.)
CA Penal Code § 1001.66 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.66.

1001.66.  At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program.(Added by Stats. 1985, Ch. 1059, Sec. 1.)
CA Penal Code § 1001.67 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9A - Bad Check Diversion|Section 1001.67.

1001.67.  No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom, made by the defendant, subsequent to the granting of diversion or while participating in the program, and no information contained in any report made with respect thereto, and no statement or other information concerning the defendant’s participation in the program shall be admissible in any action or proceeding.(Added by Stats. 1985, Ch. 1059, Sec. 1.)
CA Penal Code § 1001.70 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9B - Parental Diversion|Section 1001.70.

1001.70.  (a) Every local prosecutor with jurisdiction to prosecute violations of Section 272 shall review annually any diversion program established pursuant to this chapter, and no program shall commence or continue without the approval of the local prosecutor. No person shall be diverted under a program unless it has been approved by the local prosecutor. Nothing in this subdivision shall authorize the prosecutor to determine whether a particular defendant shall be diverted.(b) As used in this chapter, “pretrial diversion” means the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.(Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.)
CA Penal Code § 1001.71 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9B - Parental Diversion|Section 1001.71.

1001.71.  This chapter shall apply whenever a case is before any court upon an accusatory pleading alleging a parent or legal guardian to have violated Section 272 with respect to his or her minor child, and all of the following apply to the defendant:(a) The defendant’s record does not indicate that probation or parole has ever been revoked without thereafter being completed.(b) The defendant’s record does not indicate that he or she has previously been diverted pursuant to this chapter.(Amended by Stats. 1989, Ch. 144, Sec. 2.)
CA Penal Code § 1001.72 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9B - Parental Diversion|Section 1001.72.

1001.72.  (a) If the defendant consents and waives his or her right to a speedy trial, the case shall be referred to the probation department. The probation department shall conduct an investigation as is necessary to determine whether the defendant qualifies for diversion under this chapter, and whether he or she is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which education, treatment, or rehabilitative plan would benefit the defendant. The probation department shall report its findings and recommendations to the court. If the recommendation includes referral to a community program, the report shall contain a statement regarding the program’s willingness to accept the defendant and the manner in which the services they offer can assist the defendant in completing the diversion program successfully.(b) No statement, or any information procured therefrom, made by the defendant to any probation officer, which is made during the course of any investigation conducted by the probation department pursuant to subdivision (a), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation.No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged which is made to any probation officer subsequent to the granting of diversion, shall be admissible in any action or proceeding.In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor statements or information divulged during that investigation shall be used in any pretrial sentencing procedures.(Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.)
CA Penal Code § 1001.73 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9B - Parental Diversion|Section 1001.73.

1001.73.  The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the defendant consents to further proceedings under this chapter and waives his or her right to a speedy trial. If the court orders a defendant to be diverted, the court may make inquiry into the financial condition of the defendant, and upon a finding that the defendant is able, in whole or in part, to pay the reasonable cost of diversion, the court may order him or her to pay all or part of the expense. The reasonable cost of diversion shall not exceed the amount determined to be the actual average cost of diversion services.If the court does not deem the defendant to be a person who would be benefited by diversion or if the defendant does not consent to participate, the proceedings shall continue as in any other case.At the time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing.The period during which the further criminal proceedings against the defendant may be diverted shall be for the length of time required to complete and verify the diversion program but in no case shall it exceed two years.(Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.)
CA Penal Code § 1001.74 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9B - Parental Diversion|Section 1001.74.

1001.74.  If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from education, treatment, or rehabilitation, or that the divertee is convicted of a misdemeanor in which force or violence was used, or if the divertee is convicted of a felony, after notice to the divertee, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the divertee is not performing satisfactorily in the assigned program, or that the divertee has been convicted of a crime as indicated above, the criminal case shall be referred back to the court for resumption of the criminal proceedings. If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed.(Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.)
CA Penal Code § 1001.75 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9B - Parental Diversion|Section 1001.75.

1001.75.  (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The divertee may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted for that offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that would result in the denial of any employment, benefit, license, or certificate.(b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.(Amended by Stats. 1996, Ch. 743, Sec. 5. Effective January 1, 1997.)
CA Penal Code § 1001.85 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.92 - Law Enforcement Assisted Diversion (LEAD) Pilot Program|Section 1001.85.

1001.85.  (a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration.(b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists:(1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants.(2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol.(3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness.(4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation.(Added by Stats. 2016, Ch. 33, Sec. 17. (SB 843) Effective June 27, 2016.)
CA Penal Code § 1001.86 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.92 - Law Enforcement Assisted Diversion (LEAD) Pilot Program|Section 1001.86.

1001.86.  (a) The LEAD program shall be administered by the Board of State and Community Corrections.(b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following:(1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the LEAD program as described in this chapter.(2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction.(3) The jurisdiction’s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter.(c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals.(Added by Stats. 2016, Ch. 33, Sec. 17. (SB 843) Effective June 27, 2016.)
CA Penal Code § 1001.88 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.92 - Law Enforcement Assisted Diversion (LEAD) Pilot Program|Section 1001.88.

1001.88.  (a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following:(1) Project management and community engagement.(2) Temporary services and treatment necessary to stabilize a participant’s condition, including necessary housing.(3) Outreach and direct service costs for services described in this section.(4) Civil legal services for LEAD participants.(5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants.(6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training.(7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions.(8) Collecting and maintaining the data necessary for program evaluation.(b) (1) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020, a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code.(2) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code.(c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions.(d) The sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund for the LEAD pilot program authorized in this chapter. The board may spend up to five hundred fifty thousand dollars ($550,000) of the amount appropriated in this subdivision for the contracts authorized in subdivisions (b) and (c).(Added by Stats. 2016, Ch. 33, Sec. 17. (SB 843) Effective June 27, 2016.)
CA Penal Code § 1001.90 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.95 - Diversion Restitution Fee|Section 1001.90.

1001.90.  (a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose on the defendant a diversion restitution fee in addition to any other administrative fee provided or imposed under the law. This fee shall not be imposed upon persons whose case is diverted by the court pursuant to Chapter 2.8 (commencing with Section 1001.20).(b) The diversion restitution fee imposed pursuant to this section shall be set at the discretion of the court and shall be commensurate with the seriousness of the offense, but shall not be less than one hundred dollars ($100), and not more than one thousand dollars ($1,000).(c) The diversion restitution fee shall be ordered regardless of the defendant’s present ability to pay. However, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the fee. When the waiver is granted, the court shall state on the record all reasons supporting the waiver. Except as provided in this subdivision, the court shall impose the separate and additional diversion restitution fee required by this section.(d) In setting the amount of the diversion restitution fee in excess of the one hundred dollar ($100) minimum, the court shall consider any relevant factors, including, but not limited to, the defendant’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, and the extent to which any other person suffered any losses as a result of the crime. Those losses may include pecuniary losses to the victim or the victim’s dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant’s ability to pay may include the defendant’s future earning capacity. A defendant shall bear the burden of demonstrating the lack of the defendant’s ability to pay. Express findings by the court as to the factors bearing on the amount of the fee shall not be required. A separate hearing for the diversion restitution fee shall not be required.(e) The court shall not limit the ability of the state to enforce the fee imposed by this section in the manner of a judgment in a civil action. The court shall not modify the amount of this fee except to correct an error in the setting of the amount of the fee imposed.(f) The fee imposed pursuant to this section shall be immediately deposited in the Restitution Fund for use pursuant to Section 13967 of the Government Code.(g) As used in this section, “diversion” also means deferred entry of judgment pursuant to Chapter 2.5 (commencing with Section 1000).(h) This section shall become operative on January 1, 2022.(Repealed (in Sec. 17) and added by Stats. 2021, Ch. 257, Sec. 18. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.)