Section 1001.29 Of Chapter 2.8. Diversion Of Defendants With Cognitive Developmental Disabilities From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.8.
1001.29
. If it appears that the divertee is not meeting the terms
and conditions of his or her diversion program, the court may hold a
hearing and amend such program to provide for greater supervision by
the responsible regional center alone, by the probation department
alone, or by both the regional center and the probation department.
However, notwithstanding any such modification of a diversion order,
the court may hold a hearing to determine whether the diverted
criminal proceedings should be reinstituted if it appears that the
divertee's performance in the diversion program is unsatisfactory, or
if the divertee is subsequently charged with a felony during the
period of diversion.
(a) In cases of dual agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated by either the
court, the prosecutor, the regional center, or the probation
department.
(b) In cases of single agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated only by the court,
the prosecutor, or the regional center.
(c) No hearing for either of these purposes shall be held unless
the moving agency or the court has given the divertee prior notice of
the hearing.
(d) Where the cause of the hearing is a subsequent charge of a
felony against the divertee subsequent to the diversion order, any
hearing to reinstitute the diverted criminal proceedings shall be
delayed until such time as probable cause has been established in
court to bind the defendant over for trial on the subsequently
charged felony.