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