2009 California Penal Code - Section 1001.15-1001.16 :: Chapter 2.75. Diversion Fees

PENAL CODE
SECTION 1001.15-1001.16

1001.15.  (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a felony to cover the actual cost
of any criminalistics laboratory analysis, the actual cost of
processing a request or application for diversion, and the actual
cost of supervising the divertee pursuant to Chapter 2.5 (commencing
with Section 1000), not to exceed five hundred dollars ($500). The
fee shall be payable at the time of enrollment in the diversion
program. The court shall take into consideration the defendant's
ability to pay, and no defendant shall be denied diversion because of
his or her inability to pay.
   (b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances, and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
   (c) In addition to the fees authorized or required by other
provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of an act charged as, or reduced to,
a misdemeanor to cover the actual cost of processing a request or
application for diversion pursuant to Chapter 2.6 (commencing with
Section 1000.6), the actual costs of reporting to the court on a
defendant's eligibility and suitability for diversion, the actual
cost of supervising the divertee, and for the actual costs of
performing any duties required pursuant to Section 1000.9, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The fee shall be
determined on a sliding scale according to the defendant's ability to
pay, and no defendant shall be denied diversion because of his or
her inability to pay.
   (d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
   (e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).

1001.16.  (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a misdemeanor to cover the actual
cost of any criminalistics laboratory analysis in a case involving a
violation of the California Uniform Controlled Substances Act under
Division 10 (commencing with Section 11000) of the Health and Safety
Code, the actual cost of processing a request or application for
diversion, and the actual cost of supervising the divertee, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The court shall take
into consideration the defendant's ability to pay, and no defendant
shall be denied diversion because of his or her inability to pay.
   (b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with, a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
   (c) This section shall apply to all deferred entry of judgment and
misdemeanor pretrial diversion programs established pursuant to this
title.
   (d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
   (e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).


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