Section 1000.9 Of Chapter 2.6. Deferred Entry Of Judgment Reentry Program From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.6.
1000.9
. The prosecuting attorney shall determine whether a
defendant is eligible for participation in the deferred entry of
judgment reentry program.
(a) If the prosecuting attorney determines that this section may
be applicable to the defendant, he or she shall advise the defendant
and his or her attorney in writing of that determination. This
notification shall include the following:
(1) A full description of the procedures for deferred entry of
judgment.
(2) A general explanation of the role and authority of the
prosecuting attorney, the program, and the court in the process.
(3) A clear statement that in lieu of trial, the court may grant
deferred entry of judgment with respect to the current crime or
crimes charged if the defendant pleads guilty to each charge and
waives time for the pronouncement of judgment, and that, upon the
defendant's successful completion of the program and the motion of
the prosecuting attorney, the court will dismiss the charge or
charges against the defendant and the provisions of Sections 851.90
and 1203.4 will apply.
(4) A clear statement that failure to comply with any condition
under the program may result in the prosecuting attorney or the court
making a motion for entry of judgment, whereupon the court will
render a finding of guilty to the charge or charges pled, enter
judgment, and schedule a sentencing hearing as otherwise provided in
this code.
(5) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(b) If the prosecuting attorney determines that the defendant is
eligible for the program, the prosecuting attorney shall state for
the record the grounds upon which the determination is based and
shall make this information available to the defendant and his or her
attorney. This procedure is intended to allow the court to set the
hearing for deferred entry of judgment at the arraignment.
(c) If the prosecuting attorney determines that the defendant is
ineligible for the program, the prosecuting attorney shall state for
the record the grounds upon which the determination is based and
shall make this information available to the defendant and his or her
attorney. The sole remedy of a defendant who is found ineligible for
deferred entry of judgment is a postconviction appeal. If the
prosecuting attorney does not deem the defendant eligible, or the
defendant does not consent to participate, the proceedings shall
continue as in any other case.
(d) Upon a motion by the prosecuting attorney for an entry of
judgment, before entering a judgment of guilty, the court may hold a
hearing to determine whether the defendant has failed to comply with
the program and should be terminated from the program.