Section 1001.74 Of Chapter 2.9b. Parental Diversion From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.9b.
1001.74
. If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not benefiting from education, treatment, or
rehabilitation, or that the divertee is convicted of a misdemeanor in
which force or violence was used, or if the divertee is convicted of
a felony, after notice to the divertee, the court shall hold a
hearing to determine whether the criminal proceedings should be
reinstituted. If the court finds that the divertee is not performing
satisfactorily in the assigned program, or that the divertee has been
convicted of a crime as indicated above, the criminal case shall be
referred back to the court for resumption of the criminal
proceedings. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed.