reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.4 - Child Abusers › Section 999v.

999v. (a) The selection criteria set forth in Section 999t shall be adhered to for each child abuser case unless, in the reasonable exercise of prosecutor’s discretion, extraordinary circumstances require departure from those policies in order to promote the general purposes and intent of this chapter.
(b) Each district attorney’s office establishing a child abuser prosecution unit and receiving state support under this chapter shall submit the following information, on a quarterly basis, to the Office of Emergency Services:
(1) The number of child abuser cases referred to the district attorney’s office for possible filing.
(2) The number of child abuser cases filed for felony prosecution.
(3) The number of sexual assault cases taken to trial.
(4) The number of child abuser cases tried which resulted in conviction.
(Amended by Stats. 2013, Ch. 352, Sec. 413. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.4 - Child Abusers › Section 999w.

999w. The characterization of a defendant as a “child abuser” as defined by this chapter shall not be communicated to the trier of fact.
(Added by Stats. 1985, Ch. 1097, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.4 - Child Abusers › Section 999x.

999x. The Office of Emergency Services is encouraged to utilize any federal funds which may become available in order to implement the provisions of this chapter.
(Amended by Stats. 2013, Ch. 352, Sec. 414. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.4 - Child Abusers › Section 999y.

999y. The Office of Emergency Services shall report annually to the Legislature concerning the program established by this chapter. The office shall prepare and submit to the Legislature on or before December 15, 2002, and within six months of the completion of subsequent funding cycles for this program, an evaluation of the Child Abuser Prosecution Program. This evaluation shall identify outcome measures to determine the effectiveness of the programs established under this chapter, which shall include, but not be limited to, both of the following, to the extent that data is available:
(a) Child abuse conviction rates of Child Abuser Prosecution Program units compared to those of nonfunded counties.
(b) Quantification of the annual per capita costs of the Child Abuser Prosecution Program compared to the costs of prosecuting child abuse crimes in nonfunded counties.
(Amended by Stats. 2013, Ch. 352, Sec. 415. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases › Section 1000.2.

1000.2. (a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the defendant should be granted pretrial diversion. If the defendant does not consent to participate in pretrial diversion, the proceedings shall continue as in any other case.
(b) At the time that pretrial diversion is granted, 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.
(c) The period during which pretrial diversion is granted shall be for no less than 12 months nor longer than 18 months. However, the defendant may request, and the court shall grant, for good cause shown, an extension of time to complete a program specified in subdivision (c) of Section 1000. Progress reports shall be filed by the probation department with the court as directed by the court.
(Amended by Stats. 2017, Ch. 778, Sec. 3. (AB 208) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases › Section 1000.3.

1000.3. (a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, that the defendant is convicted of an offense that reflects the defendant’s propensity for violence, or that the defendant is convicted of a felony, the prosecuting attorney, the court on its own, or the probation department may make a motion for termination from pretrial diversion.
(b) After notice to the defendant, the court shall hold a hearing to determine whether pretrial diversion shall be terminated.
(c) If the court finds that the defendant is not performing satisfactorily in the assigned program, or the court finds that the defendant has been convicted of a crime as indicated in subdivision (a), the court shall schedule the matter for further proceedings as otherwise provided in this code.
(d) If the defendant has completed pretrial diversion, at the end of that period, the criminal charge or charges shall be dismissed.
(e) Prior to dismissing the charge or charges or terminating pretrial diversion, the court shall consider the defendant’s ability to pay and whether the defendant has paid a diversion restitution fee pursuant to Section 1001.90, if ordered, and has met their financial obligation to the program, if any.
(f) This section shall become operative on July 1, 2021.
(Repealed (in Sec. 39) and added by Stats. 2020, Ch. 92, Sec. 40. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases › Section 1000.4.

1000.4. (a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon successful completion of a pretrial diversion program, the arrest upon which the defendant was diverted shall be deemed to have never occurred and the court may issue an order to seal the records pertaining to the arrest as described in Section 851.92. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion for the offense, except as specified in subdivision (c). A record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate, except that, as specified in Section 492 of the Business and Professions Code, successful completion of a pretrial diversion program shall not prohibit any agency established under Division 2 (commencing with Section 500) of the Business and Professions Code, or under any initiative act referred to in that division, from taking disciplinary action against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest leading to successful completion of a pretrial diversion program.
(b) Notwithstanding any other law, any licensing agency listed in Section 144 of the Business and Professions Code may request, and is authorized to receive, from a local or state agency certified records regarding referral to, participation in, successful completion of, and termination from, diversion programs described in this section.
(c) The defendant shall be advised that, regardless of his or her successful completion of the pretrial diversion program, the arrest upon which the pretrial 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.
(d) The defendant shall be advised that, regardless of the defendant’s successful completion of a pretrial diversion program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92.
(Amended by Stats. 2017, Ch. 778, Sec. 5.5. (AB 208) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases › Section 1000.5.

1000.5. (a) (1) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and conduct a preguilty plea drug court program pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. The drug court program shall include a regimen of graduated sanctions and rewards, individual and group therapy, urinalysis testing commensurate with treatment needs, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as agreed to by the presiding judge or his or her designee, the district attorney, and the public defender. If there is no agreement in writing for a preguilty plea program by the presiding judge or his or her designee, the district attorney, and the public defender, the program shall be operated as a pretrial diversion program as provided in this chapter.
(2) A person charged with a misdemeanor under paragraph (3) of subdivision (b) of Section 11357.5 or paragraph (3) of subdivision (b) of Section 11375.5 of the Health and Safety Code shall be eligible to participate in a preguilty plea drug court program established pursuant to this chapter, as set forth in Section 11375.7 of the Health and Safety Code.
(b) The provisions of Section 1000.3 and Section 1000.4 regarding satisfactory and unsatisfactory performance in a program shall apply to preguilty plea programs, except as provided in Section 11375.7 of the Health and Safety Code. If the court finds that (1) the defendant is not performing satisfactorily in the assigned program, (2) the defendant is not benefiting from education, treatment, or rehabilitation, (3) the defendant has been convicted of a crime specified in Section 1000.3, or (4) the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section 1000.4 shall apply.
(Amended by Stats. 2017, Ch. 778, Sec. 6. (AB 208) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases › Section 1000.6.

1000.6. (a) A person who is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter is authorized under the direction of a licensed health care practitioner, to use medications including, but not limited to, methadone, buprenorphine, or levoalphacetylmethadol (LAAM) to treat substance use disorders if the participant allows release of his or her medical records to the court presiding over the participant’s preguilty plea or pretrial diversion program for the limited purpose of determining whether or not the participant is using such medications under the direction of a licensed health care practitioner and is in compliance with the pretrial diversion or preguilty plea program rules.
(b) If the conditions specified in subdivision (a) are met, the use by a participant of medications to treat substance use disorders shall not be the sole reason for exclusion from a pretrial diversion or preguilty plea program. A patient who uses medications to treat substance use disorders and participates in a preguilty plea or pretrial diversion program shall comply with all court program rules.
(c) A person who is participating in a pretrial diversion program or preguilty plea program pursuant to this chapter who uses medications to treat substance use disorders shall present to the court a declaration from his or her health care practitioner, or his or her health care practitioner’s authorized representative, that the person is currently under their care.
(d) Urinalysis results that only establish that a person described in this section has ingested medication duly prescribed to that person by his or her physician or psychiatrist, or medications used to treat substance use disorders, shall not be considered a violation of the terms of the pretrial diversion or preguilty plea program under this chapter.
(e) Except as provided in subdivisions (a) to (d), inclusive, this section does not affect any other law governing diversion programs.
(Amended by Stats. 2017, Ch. 778, Sec. 7. (AB 208) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.5 - Special Proceedings in Narcotics and Drug Abuse Cases › Section 1000.65.

1000.65. This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.7 (commencing with Section 1001).
(Added by Stats. 2017, Ch. 778, Sec. 8. (AB 208) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.6 - Deferred Entry of Judgment Reentry Program › Section 1000.8.

1000.8. A superior court, with the concurrence of the prosecuting attorney of the county, may create a “Back on Track” deferred entry of judgment reentry program aimed at preventing recidivism among first-time nonviolent felony drug offenders. No defendant who has been convicted of a violation of an offense enumerated in subdivision (c) of Section 290 or in Section 1192.7 shall be eligible for the program established in this chapter. When creating this program, the prosecuting attorney, together with the presiding judge and a representative of the criminal defense bar selected by the presiding judge of the superior court may agree to establish a “Back on Track” deferred entry of judgment program pursuant to the provisions of this chapter. The agreement shall specify which low-level nonviolent felony drug offenses under the Health and Safety Code will be eligible for the program and a process for selecting participants. The program shall have the following characteristics:
(a) A dedicated calendar.
(b) Leadership by a superior court judicial officer who is assigned by the presiding judge.
(c) Clearly defined eligibility criteria to enter the program and clearly defined criteria for completion of the program.
(d) Legal incentives for defendants to successfully complete the program, including dismissal or reduction of criminal charges upon successful completion of the program.
(e) Close supervision to hold participants accountable to program compliance, including the use of graduated sanctions and frequent, ongoing appearances before the court regarding participants’ program progress and compliance with all program terms and conditions. The court may use available legal mechanisms, including return to custody if necessary, for failure to comply with the supervised plan.
(f) Appropriate transitional programming for participants, based on available resources from county and community service providers and other agencies. The transitional programming may include, but is not limited to, any of the following:
(1) Vocational training, readiness, and placement.
(2) Educational training, including assistance with acquiring a G.E.D. or high school diploma and assistance with admission to college.
(3) Substance abuse treatment.
(4) Assistance with obtaining identification cards and driver’s licenses.
(5) Parenting skills training and assistance in becoming compliant with child support obligations.
(g) The program may develop a local, public-private partnership between law enforcement, government agencies, private employers, and community-based organizations for the purpose of creating meaningful employment opportunities for participants and to take advantage of incentives for hiring program participants.
(Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.6 - Deferred Entry of Judgment Reentry Program › Section 1000.9.

1000.9. The prosecuting attorney shall determine whether a defendant is eligible for participation in the deferred entry of judgment reentry program.
(a) If the prosecuting attorney determines that this section may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include the following:
(1) A full description of the procedures for deferred entry of judgment.
(2) A general explanation of the role and authority of the prosecuting attorney, the program, and the court in the process.
(3) A clear statement that in lieu of trial, the court may grant deferred entry of judgment with respect to the current crime or crimes charged if the defendant pleads guilty to each charge and waives time for the pronouncement of judgment, and that, upon the defendant’s successful completion of the program and the motion of the prosecuting attorney, the court will dismiss the charge or charges against the defendant and the provisions of Sections 851.90 and 1203.4 will apply.
(4) A clear statement that failure to comply with any condition under the program may result in the prosecuting attorney or the court making a motion for entry of judgment, whereupon the court will render a finding of guilty to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code.
(5) An explanation of criminal record retention and disposition resulting from participation in the deferred entry of judgment program and the defendant’s rights relative to answering questions about his or her arrest and deferred entry of judgment following successful completion of the program.
(b) If the prosecuting attorney determines that the defendant is eligible for the program, the prosecuting attorney shall state for the record the grounds upon which the determination is based and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for deferred entry of judgment at the arraignment.
(c) If the prosecuting attorney determines that the defendant is ineligible for the program, the prosecuting attorney shall state for the record the grounds upon which the determination is based and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for deferred entry of judgment is a postconviction appeal. If the prosecuting attorney does not deem the defendant eligible, or the defendant does not consent to participate, the proceedings shall continue as in any other case.
(d) Upon a motion by the prosecuting attorney for an entry of judgment, before entering a judgment of guilty, the court may hold a hearing to determine whether the defendant has failed to comply with the program and should be terminated from the program.
(Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.6 - Deferred Entry of Judgment Reentry Program › Section 1000.10.

1000.10. The following provisions apply to this chapter:
(a) A defendant’s plea of guilty shall not constitute a conviction for any purpose unless a judgment of guilty is entered pursuant to Section 1000.3.
(b) Counties that opt to create a deferred entry of judgment reentry program pursuant to Section 1000.8 of the Penal Code shall not seek state reimbursement for costs associated with the implementation, development, or operation of that program.
(c) To the extent county resources beyond those of the superior court and the district attorney are needed to implement the program, those agencies shall consult with the county board of supervisors and other impacted county agencies to assess resources before program implementation.
(d) Local law enforcement agencies and counties administering the programs may seek federal or private funding for the purpose of implementing the provisions of this chapter.
(Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.65 - Child Abuse and Neglect Counseling › Section 1000.12.

1000.12. (a) It is the intent of the Legislature that nothing in this chapter deprive a prosecuting attorney of the ability to prosecute any person who is suspected of committing any crime in which a minor is a victim of an act of physical abuse or neglect to the fullest extent of the law, if the prosecuting attorney so chooses.
(b) In lieu of prosecuting a person suspected of committing any crime, involving a minor victim, of an act of physical abuse or neglect, the prosecuting attorney may refer that person to the county department in charge of public social services or the probation department for counseling or psychological treatment and such other services as the department deems necessary. The prosecuting attorney shall seek the advice of the county department in charge of public social services or the probation department in determining whether or not to make the referral.
(c) This section shall not apply to any person who is charged with sexual abuse or molestation of a minor victim, or any sexual offense involving force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the minor victim or another person.
(Amended by Stats. 2005, Ch. 477, Sec. 3. Effective January 1, 2006.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.65 - Child Abuse and Neglect Counseling › Section 1000.17.

1000.17. If the person is referred pursuant to this chapter he or she shall be responsible for paying the administrative cost of the referral and the expense of such counseling as determined by the county department responsible for public social services or the probation department. The administrative cost of the referral shall not exceed one hundred dollars ($100) for any person referred pursuant to this chapter for an offense punishable as a felony and shall not exceed fifty dollars ($50) for any person referred pursuant to the chapter for an offense punishable as a misdemeanor. The department shall take into consideration the ability of the referred party to pay and no such person shall be denied counseling services because of his or her inability to pay.
(Added by Stats. 1983, Ch. 804, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.

1001. It is the intent of the Legislature that this chapter, Chapter 2.5 (commencing with Section 1000) of this title, or any other provision of law not be construed to preempt other current or future pretrial or precomplaint diversion programs. It is also the intent of the Legislature that current or future posttrial diversion programs not be preempted, except as provided in Section 13201 or 13352.5 of the Vehicle Code. Sections 1001.2 to 1001.9, inclusive, of this chapter apply only to pretrial diversion programs as defined in Section 1001.1.
(Amended by Stats. 2017, Ch. 537, Sec. 9. (SB 239) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.1.

1001.1. As used in Sections 1001.2 to 1001.9, inclusive, of this chapter, pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.
(Amended by Stats. 2017, Ch. 537, Sec. 10. (SB 239) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.2.

1001.2. (a) This chapter shall not apply to any pretrial diversion or posttrial programs for the treatment of problem drinking or alcoholism utilized for persons convicted of one or more offenses under Section 23152 or 23153 or former Section 23102 of the Vehicle Code or to pretrial diversion programs established pursuant to Chapter 2.5 (commencing with Section 1000) of this title nor shall this chapter be deemed to authorize any pretrial diversion or posttrial programs for persons alleged to have committed violation of Section 23152 or 23153 of the Vehicle Code.
(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.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.3.

1001.3. At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.4.

1001.4. A divertee is entitled to a hearing, as set forth by law, before his or her pretrial diversion can be terminated for cause.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.5.

1001.5. 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 such program, and no information contained in any report made with respect thereto, and no statement or other information concerning the defendant’s participation in such program shall be admissible in any action or proceeding. However, if a divertee is recommended for termination for cause, information regarding his or her participation in such program may be used for purposes of the termination proceedings.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.6.

1001.6. 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.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.7.

1001.7. If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the period of diversion.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.8.

1001.8. Any record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
(Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.)
2023 California Code › Penal Code - PEN › PART 2 - OF CRIMINAL PROCEDURE › TITLE 6 - PLEADINGS AND PROCEEDINGS BEFORE TRIAL › CHAPTER 2.7 - Misdemeanor Diversion › Section 1001.9.

1001.9. (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 and the court may issue an order to seal the records pertaining to the arrest as described in Section 851.92. 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.
(c) The divertee shall be advised that, regardless of the defendant’s successful completion of a deferred entry of judgment program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92.
(Amended by Stats. 2017, Ch. 680, Sec. 6. (SB 393) Effective January 1, 2018.)
2023 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 1001.21.

1001.21. (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center and who is determined to be a person with a developmental disability by the regional center, and who therefore is eligible for its services.
(b) This chapter applies to any offense that is charged as a misdemeanor or felony offense, except that a defendant may not be placed into a diversion program, pursuant to this section, for any of the following current charged offenses:
(1) Murder or voluntary manslaughter.
(2) An offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314.
(3) Rape.
(4) Lewd or lascivious act on a child under 14 years of age.
(5) Assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220.
(6) Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1.
(7) Continuous sexual abuse of a child, in violation of Section 288.5.
(8) A violation of subdivision (b) or (c) of Section 11418.
(c) Diversion shall not be ordered when the defendant previously has been diverted under this chapter within two years prior to the present criminal proceedings.
(d) This section is operative January 1, 2021.
(Repealed (in Sec. 16) and added by Stats. 2020, Ch. 11, Sec. 17. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)