Section 1001.52 Of Chapter 2.9. Diversion Of Misdemeanor Offenders From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.9.
1001.52
. (a) If the defendant consents and waives his right to a
speedy trial, the case shall be referred to the probation department.
The probation department shall conduct such investigation as is
necessary to determine whether the defendant qualifies for diversion
under subdivision (a) of Section 1001.51, and whether he or she is a
person who would be benefited by education, treatment or
rehabilitation. The probation department shall also determine which
educational, treatment or rehabilitative plan would benefit the
defendant. The probation department shall report its findings and
recommendation to the court. If the recommendation includes referral
to a community program, the report shall contain a statement
regarding the program's willingness to accept the defendant and the
manner in which the services they offer can assist the defendant in
completing the diversion program successfully.
(b) No statement, or any information procured therefrom, made by
the defendant to any probation officer, which is made during the
course of any investigation conducted by the probation department
pursuant to subdivision (b), and prior to the reporting of the
probation department's findings and recommendations to the court,
shall be admissible in any action or proceeding brought subsequent to
the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged, which is
made to any probation officer subsequent to the granting of
diversion, shall be admissible in any action or proceeding.
In the event that diversion is either denied, or is subsequently
revoked once it has been granted, neither the probation investigation
nor statements or information divulged during that investigation
shall be used in any pretrial sentencing procedures.