Chapter 2.65. Child Abuse And Neglect Counseling of California Penal Code >> Title 6. >> Part 2. >> Chapter 2.65.
(a) It is the intent of the Legislature that nothing in
this chapter deprive a prosecuting attorney of the ability to
prosecute any person who is suspected of committing any crime in
which a minor is a victim of an act of physical abuse or neglect to
the fullest extent of the law, if the prosecuting attorney so
(b) In lieu of prosecuting a person suspected of committing any
crime, involving a minor victim, of an act of physical abuse or
neglect, the prosecuting attorney may refer that person to the county
department in charge of public social services or the probation
department for counseling or psychological treatment and such other
services as the department deems necessary. The prosecuting attorney
shall seek the advice of the county department in charge of public
social services or the probation department in determining whether or
not to make the referral.
(c) This section shall not apply to any person who is charged with
sexual abuse or molestation of a minor victim, or any sexual offense
involving force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the minor victim or another person.
If the person is referred pursuant to this chapter he or
she shall be responsible for paying the administrative cost of the
referral and the expense of such counseling as determined by the
county department responsible for public social services or the
probation department. The administrative cost of the referral shall
not exceed one hundred dollars ($100) for any person referred
pursuant to this chapter for an offense punishable as a felony and
shall not exceed fifty dollars ($50) for any person referred pursuant
to the chapter for an offense punishable as a misdemeanor. The
department shall take into consideration the ability of the referred
party to pay and no such person shall be denied counseling services
because of his or her inability to pay.