California Penal Code CHAPTER 2.8 - Diversion of Defendants With Cognitive Developmental Disabilities

  • Section 1001.20.
    As used in this chapter:(a) “Cognitive Developmental Disability” means any of the following:(1) “Intellectual disability” means a condition of significantly subaverage general intellectual functioning existing concurrently with...
  • Section 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...
  • Section 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 defendant...
  • Section 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...
  • Section 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...
  • Section 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,...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 1001.29.
    If it appears that the divertee is not meeting the terms and conditions of his or her diversion program, the court may hold a hearing...
  • Section 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...
  • Section 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...
  • Section 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....
  • Section 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...
  • Section 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...

Last modified: October 22, 2018