reglab/housing_qa huggingface dataset:
CA Penal Code § 1001.23 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.23.

1001.23.  (a) Upon the court’s receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center that the defendant does not have a developmental disability, the criminal proceedings for the offense charged shall proceed. If the defendant is found to have a developmental disability and to be eligible for regional center services, and the court determines from the various reports submitted to it that the proposed diversion program is acceptable to the court, the prosecutor, the probation department, and the regional center, and if the defendant consents to diversion and waives their right to a speedy trial, the court may order, without a hearing, that the diversion program be implemented for a period of time as prescribed in Section 1001.28.(b) After consideration of the probation department’s report, the report of the regional center, the report of the prosecutor relating to the prosecutor’s recommendation for or against diversion, the defendant’s violence and criminal history, the relationship of the developmental disability to the charged offense, and the current charged offense, and any other relevant information, and the court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, if treated in the community, the court shall determine if the defendant shall be diverted under either dual or single agency supervision, and referred for habilitation or rehabilitation diversion pursuant to this chapter. If the court does not deem the defendant a person who would benefit by diversion at the time of the hearing, the suspended criminal proceedings may be reinstituted, or any other disposition as authorized by law may be made, and diversion may be ordered at a later date.(c)  If a dual agency diversion program is ordered by the court, the regional center shall submit a report to the probation department on the defendant’s progress in the diversion program not less than every six months. Within five judicial days after receiving the regional center’s report, the probation department shall submit its report on the defendant’s progress in the diversion program, with the full report of the regional center appended, to the court and to the prosecutor. If single agency diversion is ordered by the court, the regional center alone shall report the defendant’s progress to the court and to the prosecutor not less than every six months.(d) This section is operative January 1, 2021.(Repealed (in Sec. 20) and added by Stats. 2020, Ch. 11, Sec. 21. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.)
CA Penal Code § 1001.24 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.24.

1001.24.  No statement, or information procured therefrom, made by the defendant to any probation officer, the prosecutor, or any regional center designee during the course of the investigation conducted by either the regional center or the probation department pursuant to this chapter, and prior to the reporting to the probation department of the regional center’s findings of eligibility and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to this investigation.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.25 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.25.

1001.25.  No statement, or information procured therefrom, with respect to the specific offense with which the defendant is charged, which is made to a probation officer, a prosecutor, or a regional center designee subsequent to the granting of diversion shall be admissible in any action or proceeding brought subsequent to the investigation.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.26 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.26.

1001.26.  In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor the statements or other information divulged by the defendant during the investigation by the probation department or the regional center shall be used in any sentencing procedures.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.27 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.27.

1001.27.  At such time as the defendant’s case is diverted, any bail, bond, or undertaking, or deposit in lieu thereof, on file or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.28 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.28.

1001.28.  The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall file reports on the defendant’s progress in the diversion program with the court and with the prosecutor not less than every six months.(a) Where dual agency diversion has been ordered, the probation department shall be responsible for the progress reports. The probation department shall append to its own report a copy of the regional center’s assessment of the defendant’s progress.(b) Where single agency diversion has been ordered, the regional center alone shall be responsible for the progress reports.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.29 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.29.

1001.29.  (a) If it appears that the divertee is not meeting the terms and conditions of the diversion program, the court may hold a hearing and amend the program to provide for greater supervision by the responsible regional center alone, by the probation department alone, or by both the regional center and the probation department. However, notwithstanding the modification of a diversion order, the court may hold a hearing to determine whether the diverted criminal proceedings should be reinstituted if any of the following circumstances exists:(1) The defendant is charged with an additional misdemeanor allegedly committed during the pretrial diversion and that reflects the defendant’s propensity for violence.(2) The defendant is charged with an additional felony allegedly committed during the pretrial diversion.(3) The defendant is engaged in criminal conduct rendering the defendant unsuitable for diversion.(4) The defendant’s performance in the diversion program is unsatisfactory.(b) In cases of dual agency diversion, a hearing to reinstitute the diverted criminal proceedings may be initiated by either the court, the prosecutor, the regional center, or the probation department.(c) In cases of single agency diversion, a hearing to reinstitute the diverted criminal proceedings may be initiated only by the court, the prosecutor, or the regional center.(d) No hearing for either of these purposes shall be held unless the moving agency or the court has given the divertee prior notice of the hearing.(e) Where the cause of the hearing is a subsequent charge of a felony against the divertee subsequent to the diversion order, any hearing to reinstitute the diverted criminal proceedings shall be delayed until such time as probable cause has been established in court to bind the defendant over for trial on the subsequently charged felony.(f) This section is operative January 1, 2021.(Repealed (in Sec. 22) and added by Stats. 2020, Ch. 11, Sec. 23. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.)
CA Penal Code § 1001.30 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.30.

1001.30.  At any time during which the defendant is participating in a diversion program, he or she may withdraw consent to further participate in the diversion program, and at such time as such consent is withdrawn, the suspended criminal proceedings may resume or such other disposition may be made as is authorized by law.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.31 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.31.

1001.31.  If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the diversion period.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.32 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.32.

1001.32.  Any record filed with the State Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.33 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.33.

1001.33.  (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 the 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 could 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. 3. Effective January 1, 1997.)
CA Penal Code § 1001.34 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities|Section 1001.34.

1001.34.  Notwithstanding any other provision of law, the diversion-related individual program plan shall be fully implemented by the regional centers upon court order and approval of the diversion-related treatment and habilitation plan.(Added by Stats. 1980, Ch. 1253, Sec. 1.)
CA Penal Code § 1001.35 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.8A - Diversion of Individuals with Mental Disorders|Section 1001.35.

1001.35.  The purpose of this chapter is to promote all of the following:(a) Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety.(b) Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings.(c) Providing diversion that meets the unique mental health treatment and support needs of individuals with mental disorders.(Added by Stats. 2018, Ch. 34, Sec. 24. (AB 1810) Effective June 27, 2018.)
CA Penal Code § 1001.40 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.81 - Pretrial Diversion of Traffic Violators|Section 1001.40.

1001.40.  Notwithstanding any other provision of law, a county acting on behalf of one or more individual courts may by ordinance establish a program that provides for pretrial diversion by the court of any person issued a notice to appear for a traffic violation to attend any traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5 of the Vehicle Code.(Added by Stats. 1990, Ch. 1303, Sec. 1.)
CA Penal Code § 1001.50 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9 - Diversion of Misdemeanor Offenders|Section 1001.50.

1001.50.  (a) Notwithstanding any other provision of law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of this chapter by ordinance.(b) The district attorney of each county shall review annually any diversion program established pursuant to this chapter, and no program shall continue without the approval of the district attorney. No person shall be diverted under a program unless it has been approved by the district attorney. Nothing in this subdivision shall authorize the prosecutor to determine whether a particular defendant shall be diverted.(c) 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. 1982, Ch. 1251, Sec. 2.)
CA Penal Code § 1001.51 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9 - Diversion of Misdemeanor Offenders|Section 1001.51.

1001.51.  (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading concerning the commission of a misdemeanor, except a misdemeanor specified in subdivision (b), and it appears to the court that all of the following apply to the defendant:(1) The defendant’s record does not indicate that probation or parole has ever been revoked without thereafter being completed.(2) The defendant’s record does not indicate that he has been diverted pursuant to this chapter within five years prior to the filing of the accusatory pleading which charges the divertible offense.(3) The defendant has never been convicted of a felony, and has not been convicted of a misdemeanor within five years prior to the filing of the accusatory pleading which charges the divertible offense.(b) This chapter shall not apply to any pretrial diversion or posttrial program otherwise established by this code, nor shall this chapter be deemed to authorize any pretrial diversion or posttrial program for any person alleged to have committed a violation of Section 23152 or 23153 of the Vehicle Code.(c) This chapter shall not apply whenever the accusatory pleading charges the commission of a misdemeanor:(1) For which incarceration would be mandatory upon conviction of the defendant.(2) For which registration would be required pursuant to Section 290 upon conviction of the defendant.(3) Which the magistrate determines shall be prosecuted as a misdemeanor pursuant to paragraph (5) of subdivision (b) of Section 17.(4) Which involves the use of force or violence against a person, unless the charge is of a violation of Section 241 or 243.(5) For which the granting of probation is prohibited.(6) Which is a driving offense punishable as a misdemeanor pursuant to the Vehicle Code.(Added by Stats. 1982, Ch. 1251, Sec. 2.)
CA Penal Code § 1001.52 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9 - Diversion of Misdemeanor Offenders|Section 1001.52.

1001.52.  (a) If the defendant consents and waives his right to a speedy trial, the case shall be referred to the probation department. The probation department shall conduct such investigation as is necessary to determine whether the defendant qualifies for diversion under subdivision (a) of Section 1001.51, and whether he or she is a person who would be benefited by education, treatment or rehabilitation. The probation department shall also determine which educational, treatment or rehabilitative plan would benefit the defendant. The probation department shall report its findings and recommendation 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 (b), 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. 1982, Ch. 1251, Sec. 2.)
CA Penal Code § 1001.53 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9 - Diversion of Misdemeanor Offenders|Section 1001.53.

1001.53.  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 such 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 such 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. 1982, Ch. 1251, Sec. 2.)
CA Penal Code § 1001.54 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9 - Diversion of Misdemeanor Offenders|Section 1001.54.

1001.54.  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 is 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 is not benefiting from diversion, or the court finds 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, at the end of the period of diversion, the criminal charges shall be dismissed.(Added by Stats. 1982, Ch. 1251, Sec. 2.)
CA Penal Code § 1001.55 (2021)
2021 California Code|Penal Code - PEN|PART 2 - OF CRIMINAL PROCEDURE|TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL|CHAPTER 2.9 - Diversion of Misdemeanor Offenders|Section 1001.55.

1001.55.  (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 the 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 could 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. 4. Effective January 1, 1997.)
CA Penal Code § 1001.60 (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 1001.60.

1001.60.  Upon the adoption of a resolution by the board of supervisors declaring that there are sufficient funds available to fund the program, the district attorney may create within his or her office a diversion program pursuant to this chapter for persons who write bad checks. For purposes of this chapter, “writing a bad check” means making, drawing, uttering, or delivering any check or draft upon any bank or depository for the payment of money where there is probable cause to believe there has been a violation of Section 476a. The program may be conducted by the district attorney or by a private entity under contract with the district attorney.(Amended by Stats. 2008, Ch. 264, Sec. 1. Effective January 1, 2009.)