Chapter 2.7. Misdemeanor Diversion of California Penal Code >> Title 6. >> Part 2. >> Chapter 2.7.
It is the intent of the Legislature that neither this
chapter, Chapter 2.5 (commencing with Section 1000) of this title,
nor any other provision of law be construed to preempt other current
or future pretrial or precomplaint diversion programs. It is also the
intent of the Legislature that current or future posttrial diversion
programs not be preempted, except as provided in Section 13201 or
13352.5 of the Vehicle Code. Sections 1001.2 to 1001.11, inclusive,
of this chapter shall apply only to pretrial diversion programs as
defined in Section 1001.1.
As used in Sections 1001.2 to 1001.11, inclusive, of this
chapter, pretrial diversion refers to the procedure of postponing
prosecution of an offense filed as a misdemeanor either temporarily
or permanently at any point in the judicial process from the point at
which the accused is charged until adjudication.
(a) This chapter shall not apply to any pretrial diversion
or posttrial programs for the treatment of problem drinking or
alcoholism utilized for persons convicted of one or more offenses
under Section 23152 or 23153 or former Section 23102 of the Vehicle
Code or to pretrial diversion programs established pursuant to
Chapter 2.5 (commencing with Section 1000) of this title nor shall
this chapter be deemed to authorize any pretrial diversion or
posttrial programs for persons alleged to have committed violation of
Section 23152 or 23153 of the Vehicle Code.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.
At no time shall a defendant be required to make an
admission of guilt as a prerequisite for placement in a pretrial
A divertee is entitled to a hearing, as set forth by law,
before his or her pretrial diversion can be terminated for cause.
No statement, or information procured therefrom, made by
the defendant in connection with the determination of his or her
eligibility for diversion, and no statement, or information procured
therefrom, made by the defendant, subsequent to the granting of
diversion or while participating in such program, and no information
contained in any report made with respect thereto, and no statement
or other information concerning the defendant's participation in such
program shall be admissible in any action or proceeding. However, if
a divertee is recommended for termination for cause, information
regarding his or her participation in such program may be used for
purposes of the termination proceedings.
At such 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.
If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the period of diversion.
Any record filed with the Department of Justice shall
indicate the disposition of those cases diverted pursuant to this
(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 the 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 could 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.