California · Penal Code

PEN §1000.3: (a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, that the defendant is convicted of an o

Civil

What this law says, in plain English

This statute governs pretrial diversion programs, establishing procedures for terminating a defendant's participation if they perform unsatisfactorily, commit new offenses, or are convicted of felonies, and requiring dismissal upon successful completion.

Read the full statutory text

(a) If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, that the defendant is convicted of an offense that reflects the defendant’s propensity for violence, or that the defendant is convicted of a felony, the prosecuting attorney, the court on its own, or the probation department may make a motion for termination from pretrial diversion. (b) After notice to the defendant, the court shall hold a hearing to determine whether pretrial diversion shall be terminated. (c) If the court finds that the defendant is not performing satisfactorily in the assigned program, or the court finds that the defendant has been convicted of a crime as indicated in subdivision (a), the court shall schedule the matter for further proceedings as otherwise provided in this code. (d) If the defendant has completed pretrial diversion, at the end of that period, the criminal charge or charges shall be dismissed. (e) Prior to dismissing the charge or charges or terminating pretrial diversion, the court shall consider the defendant’s ability to pay and whether the defendant has paid a diversion restitution fee pursuant to Section 1001.90, if ordered, and has met their financial obligation to the program, if any. (f) This section shall become operative on July 1, 2021.

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