SECTIONS 1001.50-1001.55

1001.50.  (a) Notwithstanding any other provision of law, thischapter shall become operative in a county only if the board ofsupervisors adopts the provisions of this chapter by ordinance. (b) The district attorney of each county shall review annually anydiversion program established pursuant to this chapter, and noprogram shall continue without the approval of the district attorney.No person shall be diverted under a program unless it has beenapproved by the district attorney. Nothing in this subdivision shallauthorize the prosecutor to determine whether a particular defendantshall be diverted. (c) As used in this chapter, "pretrial diversion" means theprocedure of postponing prosecution either temporarily or permanentlyat any point in the judicial process from the point at which theaccused is charged until adjudication.1001.51.  (a) This chapter shall apply whenever a case is before anycourt upon an accusatory pleading concerning the commission of amisdemeanor, except a misdemeanor specified in subdivision (b), andit appears to the court that all of the following apply to thedefendant: (1) The defendant's record does not indicate that probation orparole has ever been revoked without thereafter being completed. (2) The defendant's record does not indicate that he has beendiverted pursuant to this chapter within five years prior to thefiling of the accusatory pleading which charges the divertibleoffense. (3) The defendant has never been convicted of a felony, and hasnot been convicted of a misdemeanor within five years prior to thefiling of the accusatory pleading which charges the divertibleoffense. (b) This chapter shall not apply to any pretrial diversion orposttrial program otherwise established by this code, nor shall thischapter be deemed to authorize any pretrial diversion or posttrialprogram for any person alleged to have committed a violation ofSection 23152 or 23153 of the Vehicle Code. (c) This chapter shall not apply whenever the accusatory pleadingcharges the commission of a misdemeanor: (1) For which incarceration would be mandatory upon conviction ofthe defendant. (2) For which registration would be required pursuant to Section290 upon conviction of the defendant. (3) Which the magistrate determines shall be prosecuted as amisdemeanor pursuant to paragraph (5) of subdivision (b) of Section17. (4) Which involves the use of force or violence against a person,unless the charge is of a violation of Section 241 or 243. (5) For which the granting of probation is prohibited. (6) Which is a driving offense punishable as a misdemeanorpursuant to the Vehicle Code.1001.52.  (a) If the defendant consents and waives his right to aspeedy trial, the case shall be referred to the probation department.The probation department shall conduct such investigation as isnecessary to determine whether the defendant qualifies for diversionunder subdivision (a) of Section 1001.51, and whether he or she is aperson who would be benefited by education, treatment orrehabilitation. The probation department shall also determine whicheducational, treatment or rehabilitative plan would benefit thedefendant. The probation department shall report its findings andrecommendation to the court. If the recommendation includes referralto a community program, the report shall contain a statementregarding the program's willingness to accept the defendant and themanner in which the services they offer can assist the defendant incompleting the diversion program successfully. (b) No statement, or any information procured therefrom, made bythe defendant to any probation officer, which is made during thecourse of any investigation conducted by the probation departmentpursuant to subdivision (b), and prior to the reporting of theprobation department's findings and recommendations to the court,shall be admissible in any action or proceeding brought subsequent tothe investigation. No statement, or any information procured therefrom, with respectto the specific offense with which the defendant is charged, which ismade to any probation officer subsequent to the granting ofdiversion, shall be admissible in any action or proceeding. In the event that diversion is either denied, or is subsequentlyrevoked once it has been granted, neither the probation investigationnor statements or information divulged during that investigationshall be used in any pretrial sentencing procedures.1001.53.  The court shall hold a hearing and, after consideration ofthe probation department's report, and any other relevantinformation, shall determine if the defendant consents to furtherproceedings under this chapter and waives his or her right to aspeedy trial. If the court orders a defendant to be diverted, thecourt 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 orher to pay all or part of such expense. The reasonable cost ofdiversion shall not exceed the amount determined to be the actualaverage cost of diversion services. If the court does not deem the defendant to be a person who wouldbe benefited by diversion, or if the defendant does not consent toparticipate, the proceedings shall continue as in any other case. At such time that a defendant's case is diverted, any bail bond orundertaking, or deposit in lieu thereof, on file by or on behalf ofthe defendant shall be exonerated, and the court shall enter an orderso directing. The period during which the further criminal proceedings againstthe defendant may be diverted shall be for the length of timerequired to complete and verify the diversion program but in no caseshall it exceed two years.1001.54.  If it appears to the probation department that thedivertee is performing unsatisfactorily in the assigned program, orthat the divertee is not benefiting from education, treatment orrehabilitation, or that the divertee is convicted of a misdemeanor inwhich force or violence is used, or if the divertee is convicted ofa felony, after notice to the divertee, the court shall hold ahearing to determine whether the criminal proceedings should bereinstituted. If the court finds that the divertee is not performingsatisfactorily in the assigned program, or that the divertee is notbenefiting from diversion, or the court finds that the divertee hasbeen convicted of a crime as indicated above, the criminal case shallbe referred back to the court for resumption of the criminalproceedings. If the divertee has performed satisfactorily during theperiod of diversion, at the end of the period of diversion, thecriminal charges shall be dismissed.1001.55.  (a) Any record filed with the Department of Justice shallindicate the disposition in those cases diverted pursuant to thischapter. Upon successful completion of a diversion program, thearrest upon which the diversion was based shall be deemed to havenever occurred. The divertee may indicate in response to any questionconcerning his or her prior criminal record that he or she was notarrested or diverted for the offense, except as specified insubdivision (b). A record pertaining to an arrest resulting insuccessful completion of a diversion program shall not, without thedivertee's consent, be used in any way that could result in thedenial of any employment, benefit, license, or certificate. (b) The divertee shall be advised that, regardless of his or hersuccessful completion of diversion, the arrest upon which thediversion was based may be disclosed by the Department of Justice inresponse to any peace officer application request and that,notwithstanding subdivision (a), this section does not relieve him orher of the obligation to disclose the arrest in response to anydirect question contained in any questionnaire or application for aposition as a peace officer, as defined in Section 830.