Section 1001.73 Of Chapter 2.9b. Parental Diversion From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.9b.
1001.73
. The court shall hold a hearing and, after consideration of
the probation department's report, and any other relevant
information, shall determine if the defendant consents to further
proceedings under this chapter and waives his or her right to a
speedy trial. If the court orders a defendant to be diverted, the
court may make inquiry into the financial condition of the defendant,
and upon a finding that the defendant is able, in whole or in part,
to pay the reasonable cost of diversion, the court may order him or
her to pay all or part of the expense. The reasonable cost of
diversion shall not exceed the amount determined to be the actual
average cost of diversion services.
If the court does not deem the defendant to be a person who would
be benefited by diversion or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At the time that a defendant's case is diverted, any bail bond or
undertaking, or deposit in lieu thereof, on file by or on behalf of
the defendant shall be exonerated, and the court shall enter an order
so directing.
The period during which the further criminal proceedings against
the defendant may be diverted shall be for the length of time
required to complete and verify the diversion program but in no case
shall it exceed two years.