Section 1001.94 Of Chapter 2.96. Deferral Of Sentencing Pilot Program From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.96.
1001.94
. (a) There is hereby established in the County of Los
Angeles the Deferral of Sentencing Pilot Program.
(b) A judge in the superior court of the County of Los Angeles
may, at his or her discretion and over the objection of a prosecuting
attorney, defer sentencing a defendant who has submitted a plea of
guilty or nolo contendere to a misdemeanor pursuant to this chapter.
Sentencing may be deferred for a period not to exceed 12 months, and
the judge may order the defendant to comply with terms, conditions,
or programs that the judge deems appropriate based on the defendant's
specific situation.
(c) A defendant may make a motion for imposition of diversion
pursuant to this section.
(d) This chapter shall apply to first-time misdemeanor defendants,
except as provided in Section 1001.98, in order to reduce the stigma
that is often associated with a criminal record and to increase the
likelihood that a defendant will be able to obtain employment.
(e) This chapter shall not be construed to preempt any current or
future diversion programs. Nothing in this chapter is intended to
limit the rights of a victim under Section 28 of Article I of the
California Constitution.
(f) It is the intent of the Legislature that no new diversion
programs are created, and that judges shall order a defendant, for
whom judgment is deferred, to complete the same obligations that
would have been imposed had judgment been entered. The only
difference between this chapter and current practice is that under
this chapter judgment will not be entered.