2009 California Penal Code - Section 1001.70-1001.75 :: Chapter 2.9b. Parental Diversion

PENAL CODE
SECTION 1001.70-1001.75

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.

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parole has ever been revoked without thereafter being completed.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.

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.

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.

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.

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.


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