Section 1001.16 Of Chapter 2.75. Diversion Fees From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.75.
1001.16
. (a) In addition to the fees authorized or required by
other provisions of law, a judge may require the payment of an
administrative fee, as part of an enrollment fee in a diversion
program, by a defendant accused of a misdemeanor to cover the actual
cost of any criminalistics laboratory analysis in a case involving a
violation of the California Uniform Controlled Substances Act under
Division 10 (commencing with Section 11000) of the Health and Safety
Code, the actual cost of processing a request or application for
diversion, and the actual cost of supervising the divertee, not to
exceed three hundred dollars ($300). The fee shall be payable at the
time of enrollment in the diversion program. The court shall take
into consideration the defendant's ability to pay, and no defendant
shall be denied diversion because of his or her inability to pay.
(b) As used in this section, "criminalistics laboratory" means a
laboratory operated by, or under contract with, a city, county, or
other public agency, including a criminalistics laboratory of the
Department of Justice, which has not less than one regularly employed
forensic scientist engaged in the analysis of solid dose material
and body fluids for controlled substances and which is registered as
an analytical laboratory with the Drug Enforcement Administration of
the United States Department of Justice for the processing of all
scheduled controlled substances.
(c) This section shall apply to all deferred entry of judgment and
misdemeanor pretrial diversion programs established pursuant to this
title.
(d) The fee established pursuant to this section may not exceed
the actual costs required for the programs authorized to be
reimbursed by this fee. All proceeds from the fee established
pursuant to this section shall be allocated only for the programs
authorized to be reimbursed by this fee.
(e) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).