CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20. - 1001.34.]
Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1.
§§ 1001.20–1001.34 · 15 sections
- § 1001.20 (a) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional…
- § 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…
- § 1001.22 The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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.
- § 1001.32 Any record filed with the State Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
- § 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…
- § 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…