1001.22
. The court shall consult with the prosecutor, the defense
counsel, the probation department, and the appropriate regional
center in order to determine whether a defendant may be diverted
pursuant to this chapter. If the defendant is not represented by
counsel, the court shall appoint counsel to represent the defendant.
When the court suspects that a defendant may have a cognitive
developmental disability, as defined in subdivision (a) of Section
1001.20, and the defendant consents to the diversion process and to
his or her case being evaluated for eligibility for regional center
services, and waives his or her right to a speedy trial, the court
shall order the prosecutor, the probation department, and the
regional center to prepare reports on specified aspects of the
defendant's case. Each report shall be prepared concurrently.
(a) The regional center shall submit a report to the probation
department within 25 judicial days of the court's order. The regional
center's report shall include a determination as to whether the
defendant has a cognitive developmental disability and is eligible
for regional center diversion-related treatment and habilitation
services, and the regional center shall also submit to the court a
proposed diversion program, individually tailored to the needs of the
defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, which
shall include, but not be limited to, treatment addressed to the
criminal offense charged for a period of time as prescribed in
Section 1001.28. The regional center's report shall also contain a
statement whether such a proposed program is available for the
defendant through the treatment and habilitation services of the
regional centers pursuant to Section 4648 of the Welfare and
Institutions Code.
(b) The prosecutor shall submit a report on specified aspects of
the defendant's case, within 30 judicial days of the court's order,
to the court, to each of the other agencies involved in the case, and
to the defendant. The prosecutor's report shall include all of the
following:
(1) A statement of whether the defendant's record indicates the
defendant's diversion pursuant to this chapter within two years prior
to the alleged commission of the charged divertible offense.
(2) If the prosecutor recommends that this chapter may be
applicable to the defendant, he or she shall recommend either a dual
or single agency diversion program and shall advise the court, the
probation department, the regional center, and the defendant, in
writing, of that determination within 20 judicial days of the court's
order to prepare the report.
(3) If the prosecutor recommends against diversion, the prosecutor'
s report shall include a declaration in writing to state for the
record the grounds upon which the recommendation was made, and the
court shall determine, pursuant to Section 1001.23, whether the
defendant shall be diverted.
(4) If dual agency diversion is recommended by the prosecutor, a
copy of the prosecutor's report shall also be provided by the
prosecutor to the probation department, the regional center, and the
defendant within the above prescribed time period. This notification
shall include all of the following:
(A) A full description of the proceedings for diversion and the
prosecutor's investigation procedures.
(B) A general explanation of the role and authority of the
probation department, the prosecutor, the regional center, and the
court in the diversion program process.
(C) A clear statement that the court may decide in a hearing not
to divert the defendant and that he or she may have to stand trial
for the alleged offense.
(D) A clear statement that should the defendant fail in meeting
the terms of his or her diversion, or if, during the period of
diversion the defendant is subsequently charged with a felony, the
defendant may be required, after a hearing, to stand trial for the
original diverted offense.
(c) The probation department shall submit a report on specified
aspects of the defendant's case within 30 judicial days of the court'
s order, to the court, to each of the other agencies involved in the
case, and to the defendant. The probation department's report to the
court shall be based upon an investigation by the probation
department and consideration of the defendant's age, cognitive
developmental disability, employment record, educational background,
ties to community agencies and family, treatment history, criminal
record if any, and demonstrable motivation and other mitigating
factors in determining whether the defendant is a person who would
benefit from a diversion-related treatment and habilitation program.
The regional center's report in full shall be appended to the
probation department's report to the court.