Section 1001.72 Of Chapter 2.9b. Parental Diversion From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.9b.
1001.72
. (a) If the defendant consents and waives his or her right
to a speedy trial, the case shall be referred to the probation
department. The probation department shall conduct an investigation
as is necessary to determine whether the defendant qualifies for
diversion under this chapter, and whether he or she is a person who
would be benefited by education, treatment, or rehabilitation. The
probation department shall also determine which education, treatment,
or rehabilitative plan would benefit the defendant. The probation
department shall report its findings and recommendations 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 (a), 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.