California Penal Code

§ 1001.29

PEN § 1001.29 Effective Jun 29, 2020Title 6 · Part 2 · Ch. 2.8

Statute text

(a)If it appears that the divertee is not meeting the terms and conditions of the diversion program, the court may hold a hearing and amend the program to provide for greater supervision by the responsible regional center alone, by the probation department alone, or by both the regional center and the probation department. However, notwithstanding the modification of a diversion order, the court may hold a hearing to determine whether the diverted criminal proceedings should be reinstituted if any of the following circumstances exists:

(1)The defendant is charged with an additional misdemeanor allegedly committed during the pretrial diversion and that reflects the defendant’s propensity for violence.

(2)The defendant is charged with an additional felony allegedly committed during the pretrial diversion.

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Legislative history

Repealed (in Sec. 22) and added by Stats. 2020, Ch. 11, Sec. 23. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.