Section 1001.98 Of Chapter 2.96. Deferral Of Sentencing Pilot Program From California Penal Code >> Title 6. >> Part 2. >> Chapter 2.96.
1001.98
. Deferral of sentencing shall not be offered when any of
the following conditions are met:
(a) The defendant has been convicted of any misdemeanor in the
previous 10 years, a misdemeanor involving force or violence, or a
felony.
(b) The defendant has previously had his or her sentence deferred
pursuant to this chapter or any other law.
(c) Incarceration is mandatory upon the defendant's conviction.
(d) The defendant is required to register as a sex offender
pursuant to Section 290.
(e) The magistrate determines that the offense will be prosecuted
as a misdemeanor pursuant to paragraph (5) of subdivision (b) of
Section 17.
(f) The defendant is a partnership, firm, association,
corporation, limited liability company, or other legal entity.
(g) The victim is a person identified in Section 6211 of the
Family Code, a minor, or an elder or dependent adult pursuant to
Section 368.
(h) The charge includes any of the following:
(1) Force or violence against a peace officer.
(2) The unlawful use, possession, sale, or transfer of a dangerous
weapon, firearm, or ammunition.
(3) Violation of Section 23152 or 23153 of the Vehicle Code.
(4) Violation of either subdivision (c) of Section 192 or
subdivision (b) of Section 191.5.
(5) Violation of Section 186.22.
(6) Violation of Section 273.5 or 273.6.
(7) Violation of an environmental or workplace safety crime,
including, but not limited to, subdivision (a) of Section 5650 of the
Fish and Game Code, Section 8670.64 of the Government Code, Section
25507 of the Health and Safety Code, Section 6423 or 6425 of the
Labor Code, Section 387 of this code, or Section 13387 of the Water
Code.