Section 1001.51 Of Chapter 2.9. Diversion Of Misdemeanor Offenders From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.9.
1001.51
. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading concerning the commission of a
misdemeanor, except a misdemeanor specified in subdivision (b), and
it appears to the court that all of the following apply to the
defendant:
(1) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(2) The defendant's record does not indicate that he has been
diverted pursuant to this chapter within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(3) The defendant has never been convicted of a felony, and has
not been convicted of a misdemeanor within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(b) This chapter shall not apply to any pretrial diversion or
posttrial program otherwise established by this code, nor shall this
chapter be deemed to authorize any pretrial diversion or posttrial
program for any person alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code.
(c) This chapter shall not apply whenever the accusatory pleading
charges the commission of a misdemeanor:
(1) For which incarceration would be mandatory upon conviction of
the defendant.
(2) For which registration would be required pursuant to Section
290 upon conviction of the defendant.
(3) Which the magistrate determines shall be prosecuted as a
misdemeanor pursuant to paragraph (5) of subdivision (b) of Section
17.
(4) Which involves the use of force or violence against a person,
unless the charge is of a violation of Section 241 or 243.
(5) For which the granting of probation is prohibited.
(6) Which is a driving offense punishable as a misdemeanor
pursuant to the Vehicle Code.