Section 1001.23 Of Chapter 2.8. Diversion Of Defendants With Cognitive Developmental Disabilities From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.8.
1001.23
. (a) Upon the court's receipt of the reports from the
prosecutor, the probation department, and the regional center, and a
determination by the regional center that the defendant does not have
a cognitive developmental disability, the criminal proceedings for
the offense charged shall proceed. If the defendant is found to have
a cognitive developmental disability and to be eligible for regional
center services, and the court determines from the various reports
submitted to it that the proposed diversion program is acceptable to
the court, the prosecutor, the probation department, and the regional
center, and if the defendant consents to diversion and waives his or
her right to a speedy trial, the court may order, without a hearing,
that the diversion program be implemented for a period of time as
prescribed in Section 1001.28.
(b) After consideration of the probation department's report, the
report of the regional center, and the report of the prosecutor
relating to his or her recommendation for or against diversion, and
any other relevant information, the court shall determine if the
defendant shall be diverted under either dual or single agency
supervision, and referred for habilitation or rehabilitation
diversion pursuant to this chapter. If the court does not deem the
defendant a person who would benefit by diversion at the time of the
hearing, the suspended criminal proceedings may be reinstituted, or
any other disposition as authorized by law may be made, and diversion
may be ordered at a later date.
(c) Where a dual agency diversion program is ordered by the court,
the regional center shall submit a report to the probation
department on the defendant's progress in the diversion program not
less than every six months. Within five judicial days after receiving
the regional center's report, the probation department shall submit
its report on the defendant's progress in the diversion program, with
the full report of the regional center appended, to the court and to
the prosecutor. Where single agency diversion is ordered by the
court, the regional center alone shall report the defendant's
progress to the court and to the prosecutor not less than every six
months.