Section 1001.2 Of Chapter 2.7. Misdemeanor Diversion From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.7.
1001.2
. (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.