Penal Code
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If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.
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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.
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## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. )
If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 1. Bribery and Corruption [92 - 100] ( Chapter 1 enacted 1872. ) ## 100. If the Superintendent of State Printing corruptly colludes with any person or persons furnishing paper or materials, or bidding therefor, or with any other person or persons, or has any secret understanding with him or them, by himself or through others, to defraud the state, or by which the state is defrauded or made to sustain a loss, contrary to the true intent and meaning of this chapter, he, upon conviction thereof, forfeits his office, and is subject to imprisonment in the state prison, and to a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 238. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.) - 1000. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
This section lets certain drug-related cases be considered for pretrial diversion if specified eligibility conditions are met, and it requires the prosecutor to review eligibility and share the determination with the defendant and counsel.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000. (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 of the Business and Professions Code, and it appears to the prosecuting attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following apply to the defendant: (1) Within five years prior to the alleged commission of the charged offense, the defendant has not suffered a conviction for any offense involving controlled substances other than the offenses listed in this subdivision. (2) The offense charged did not involve a crime of violence or threatened violence. (3) There is no evidence of a contemporaneous violation relating to narcotics or restricted dangerous drugs other than a violation of the offenses listed in this subdivision. (4) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense. (b) The prosecuting attorney shall review his or her file to determine whether or not paragraphs (1) to (4), inclusive, of subdivision (a) apply to the defendant. If the defendant is found eligible, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for pretrial diversion at the arraignment. If the defendant is found ineligible for pretrial diversion, the prosecuting attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for pretrial diversion is a postconviction appeal. (c) All referrals for pretrial diversion granted by the court pursuant to this chapter shall be made only to programs that have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to programs that provide services at no cost to the participant and have been deemed by the court and the county drug program administrator to be credible and effective. The defendant may request to be referred to a program in any county, as long as that program meets the criteria set forth in this subdivision. (d) Pretrial diversion for an alleged violation of Section 11368 of the Health and Safety Code shall not prohibit any administrative agency from taking disciplinary action against a licensee or from denying a license. This subdivision does not expand or restrict the provisions of Section 1000.4. (e) Any defendant who is participating in a program authorized in this section may be required to undergo analysis of his or her urine for the purpose of testing for the presence of any drug as part of the program. However, urinalysis results shall not be admissible as a basis for any new criminal prosecution or proceeding. (Amended by Stats. 2017, Ch. 778, Sec. 1. (AB 208) Effective January 1, 2018.) - 1000.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000.1. (a) If the prosecuting attorney determines that this chapter may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include all of the following: (1) A full description of the procedures for pretrial diversion. (2) A general explanation of the roles and authorities of the probation department, the prosecuting attorney, the program, and the court in the process. (3) A clear statement that the court may grant pretrial diversion with respect to any offense specified in subdivision (a) of Section 1000 that is charged, provided that the defendant pleads not guilty to the charge or charges, waives the right to a speedy trial, to a speedy preliminary hearing, and to a trial by jury, if applicable, and that upon the defendant’s successful completion of a program, as specified in subdivision (c) of Section 1000, the positive recommendation of the program authority and the motion of the defendant, prosecuting attorney, the court, or the probation department, but no sooner than 12 months and no later than 18 months from the date of the defendant’s referral to the program, the court shall dismiss the charge or charges against the defendant. (4) A clear statement that upon any failure of treatment or condition under the program, or any circumstance specified in Section 1000.3, the prosecuting attorney or the probation department or the court on its own may make a motion to the court to terminate pretrial diversion and schedule further proceedings as otherwise provided in this code. (5) An explanation of criminal record retention and disposition resulting from participation in the pretrial diversion program and the defendant’s rights relative to answering questions about his or her arrest and pretrial diversion following successful completion of the program. (b) If the defendant consents and waives his or her right to a speedy trial, a speedy preliminary hearing, and to a trial by jury, if applicable, the court may refer the case to the probation department or the court may summarily grant pretrial diversion. When directed by the court, the probation department shall make an investigation and take into consideration the defendant’s age, employment and service records, educational background, community and family ties, prior controlled substance use, treatment history, if any, demonstrable motivation, and other mitigating factors in determining whether the defendant is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which programs the defendant would benefit from and which programs would accept the defendant. The probation department shall report its findings and recommendations to the court. The court shall make the final determination regarding education, treatment, or rehabilitation for the defendant. If the court determines that it is appropriate, the court shall grant pretrial diversion if the defendant pleads not guilty to the charge or charges and waives the right to a speedy trial, to a speedy preliminary hearing, and to a trial by jury, if applicable. (c) (1) No statement, or any information procured therefrom, made by the defendant to any probation officer or drug treatment worker, that is made during the course of any investigation conducted by the probation department or treatment program pursuant to subdivision (b), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation. (2) No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged, that is made to any probation officer or drug program worker subsequent to the granting of pretrial diversion shall be admissible in any action or proceeding. (d) A defendant’s participation in pretrial diversion pursuant to this chapter shall not constitute a conviction or an admission of guilt for any purpose. (Amended by Stats. 2017, Ch. 778, Sec. 2. (AB 208) Effective January 1, 2018.) - 1000.10. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.6. Deferred Entry of Judgment Reentry Program [1000.8 - 1000.10] ( Chapter 2.6 added by Stats. 2009, Ch. 372, Sec. 4. )
This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.6. Deferred Entry of Judgment Reentry Program [1000.8 - 1000.10] ( Chapter 2.6 added by Stats. 2009, Ch. 372, Sec. 4. ) ## 1000.10. The following provisions apply to this chapter: (a) A defendant’s plea of guilty shall not constitute a conviction for any purpose unless a judgment of guilty is entered pursuant to Section 1000.3. (b) Counties that opt to create a deferred entry of judgment reentry program pursuant to Section 1000.8 of the Penal Code shall not seek state reimbursement for costs associated with the implementation, development, or operation of that program. (c) To the extent county resources beyond those of the superior court and the district attorney are needed to implement the program, those agencies shall consult with the county board of supervisors and other impacted county agencies to assess resources before program implementation. (d) Local law enforcement agencies and counties administering the programs may seek federal or private funding for the purpose of implementing the provisions of this chapter. (Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.) - 1000.12. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.65. Child Abuse and Neglect Counseling [1000.12 - 1000.17] ( Chapter 2.65 added by Stats. 1983, Ch. 804, Sec. 2. )
A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.65. Child Abuse and Neglect Counseling [1000.12 - 1000.17] ( Chapter 2.65 added by Stats. 1983, Ch. 804, Sec. 2. ) ## 1000.12. (a) It is the intent of the Legislature that nothing in this chapter deprive a prosecuting attorney of the ability to prosecute any person who is suspected of committing any crime in which a minor is a victim of an act of physical abuse or neglect to the fullest extent of the law, if the prosecuting attorney so chooses. (b) In lieu of prosecuting a person suspected of committing any crime, involving a minor victim, of an act of physical abuse or neglect, the prosecuting attorney may refer that person to the county department in charge of public social services or the probation department for counseling or psychological treatment and such other services as the department deems necessary. The prosecuting attorney shall seek the advice of the county department in charge of public social services or the probation department in determining whether or not to make the referral. (c) This section shall not apply to any person who is charged with sexual abuse or molestation of a minor victim, or any sexual offense involving force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the minor victim or another person. (Amended by Stats. 2005, Ch. 477, Sec. 3. Effective January 1, 2006.) - 1000.17. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.65. Child Abuse and Neglect Counseling [1000.12 - 1000.17] ( Chapter 2.65 added by Stats. 1983, Ch. 804, Sec. 2. )
A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.65. Child Abuse and Neglect Counseling [1000.12 - 1000.17] ( Chapter 2.65 added by Stats. 1983, Ch. 804, Sec. 2. ) ## 1000.17. If the person is referred pursuant to this chapter he or she shall be responsible for paying the administrative cost of the referral and the expense of such counseling as determined by the county department responsible for public social services or the probation department. The administrative cost of the referral shall not exceed one hundred dollars ($100) for any person referred pursuant to this chapter for an offense punishable as a felony and shall not exceed fifty dollars ($50) for any person referred pursuant to the chapter for an offense punishable as a misdemeanor. The department shall take into consideration the ability of the referred party to pay and no such person shall be denied counseling services because of his or her inability to pay. (Added by Stats. 1983, Ch. 804, Sec. 2.) - 1000.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000.2. (a) The court shall hold a hearing and, after consideration of any information relevant to its decision, shall determine if the defendant consents to further proceedings under this chapter and if the defendant should be granted pretrial diversion. If the defendant does not consent to participate in pretrial diversion, the proceedings shall continue as in any other case. (b) At the time that pretrial diversion is granted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. (c) The period during which pretrial diversion is granted shall be for no less than 12 months nor longer than 18 months. However, the defendant may request, and the court shall grant, for good cause shown, an extension of time to complete a program specified in subdivision (c) of Section 1000. Progress reports shall be filed by the probation department with the court as directed by the court. (Amended by Stats. 2017, Ch. 778, Sec. 3. (AB 208) Effective January 1, 2018.) - 1000.3. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
The court can end pretrial diversion after a hearing, and charges must be dismissed if diversion is completed.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 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 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. (Repealed (in Sec. 39) and added by Stats. 2020, Ch. 92, Sec. 40. (AB 1869) Effective September 18, 2020. Operative July 1, 2021, by its own provisions.) - 1000.4. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
Records for pretrial diversion cases must show the disposition, and successful completion can allow sealing and limit use of the arrest record, with stated exceptions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000.4. (a) Any record filed with the Department of Justice shall indicate the disposition in those cases referred to pretrial diversion pursuant to this chapter. Upon successful completion of a pretrial diversion program, the arrest upon which the defendant was diverted shall be deemed to have never occurred and the court may issue an order to seal the records pertaining to the arrest as described in Section 851.92. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion for the offense, except as specified in subdivision (c). A record pertaining to an arrest resulting in successful completion of a pretrial diversion program shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate, except that, as specified in Section 492 of the Business and Professions Code, successful completion of a pretrial diversion program shall not prohibit any agency established under Division 2 (commencing with Section 500) of the Business and Professions Code, or under any initiative act referred to in that division, from taking disciplinary action against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest leading to successful completion of a pretrial diversion program. (b) Notwithstanding any other law, any licensing agency listed in Section 144 of the Business and Professions Code may request, and is authorized to receive, from a local or state agency certified records regarding referral to, participation in, successful completion of, and termination from, diversion programs described in this section. (c) The defendant shall be advised that, regardless of his or her successful completion of the pretrial diversion program, the arrest upon which the pretrial diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (d) The defendant shall be advised that, regardless of the defendant’s successful completion of a pretrial diversion program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. (Amended by Stats. 2017, Ch. 778, Sec. 5.5. (AB 208) Effective January 1, 2018.) - 1000.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
Certain judges, the district attorney, and the public defender may agree in writing to create a preguilty plea drug court program, and eligible misdemeanor defendants may participate in it.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000.5. (a) (1) The presiding judge of the superior court, or a judge designated by the presiding judge, together with the district attorney and the public defender, may agree in writing to establish and conduct a preguilty plea drug court program pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for designated defendants. The drug court program shall include a regimen of graduated sanctions and rewards, individual and group therapy, urinalysis testing commensurate with treatment needs, close court monitoring and supervision of progress, educational or vocational counseling as appropriate, and other requirements as agreed to by the presiding judge or his or her designee, the district attorney, and the public defender. If there is no agreement in writing for a preguilty plea program by the presiding judge or his or her designee, the district attorney, and the public defender, the program shall be operated as a pretrial diversion program as provided in this chapter. (2) A person charged with a misdemeanor under paragraph (3) of subdivision (b) of Section 11357.5 or paragraph (3) of subdivision (b) of Section 11375.5 of the Health and Safety Code shall be eligible to participate in a preguilty plea drug court program established pursuant to this chapter, as set forth in Section 11375.7 of the Health and Safety Code. (b) The provisions of Section 1000.3 and Section 1000.4 regarding satisfactory and unsatisfactory performance in a program shall apply to preguilty plea programs, except as provided in Section 11375.7 of the Health and Safety Code. If the court finds that (1) the defendant is not performing satisfactorily in the assigned program, (2) the defendant is not benefiting from education, treatment, or rehabilitation, (3) the defendant has been convicted of a crime specified in Section 1000.3, or (4) the defendant has engaged in criminal conduct rendering him or her unsuitable for the preguilty plea program, the court shall reinstate the criminal charge or charges. If the defendant has performed satisfactorily during the period of the preguilty plea program, at the end of that period, the criminal charge or charges shall be dismissed and the provisions of Section 1000.4 shall apply. (Amended by Stats. 2017, Ch. 778, Sec. 6. (AB 208) Effective January 1, 2018.) - 1000.6. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
People in certain pretrial diversion or preguilty plea programs may use specified substance-use-disorder medications under a licensed health care practitioner’s direction if they let the court review medical records for compliance checks.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000.6. (a) A person who is participating in a pretrial diversion program or a preguilty plea program pursuant to this chapter is authorized under the direction of a licensed health care practitioner, to use medications including, but not limited to, methadone, buprenorphine, or levoalphacetylmethadol (LAAM) to treat substance use disorders if the participant allows release of his or her medical records to the court presiding over the participant’s preguilty plea or pretrial diversion program for the limited purpose of determining whether or not the participant is using such medications under the direction of a licensed health care practitioner and is in compliance with the pretrial diversion or preguilty plea program rules. (b) If the conditions specified in subdivision (a) are met, the use by a participant of medications to treat substance use disorders shall not be the sole reason for exclusion from a pretrial diversion or preguilty plea program. A patient who uses medications to treat substance use disorders and participates in a preguilty plea or pretrial diversion program shall comply with all court program rules. (c) A person who is participating in a pretrial diversion program or preguilty plea program pursuant to this chapter who uses medications to treat substance use disorders shall present to the court a declaration from his or her health care practitioner, or his or her health care practitioner’s authorized representative, that the person is currently under their care. (d) Urinalysis results that only establish that a person described in this section has ingested medication duly prescribed to that person by his or her physician or psychiatrist, or medications used to treat substance use disorders, shall not be considered a violation of the terms of the pretrial diversion or preguilty plea program under this chapter. (e) Except as provided in subdivisions (a) to (d), inclusive, this section does not affect any other law governing diversion programs. (Amended by Stats. 2017, Ch. 778, Sec. 7. (AB 208) Effective January 1, 2018.) - 1000.65. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. )
This chapter does not affect pretrial diversion programs provided under Chapter 2.7 starting with Section 1001.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.5. Special Proceedings in Narcotics and Drug Abuse Cases [1000 - 1000.65] ( Chapter 2.5 added by Stats. 1972, Ch. 1255. ) ## 1000.65. This chapter does not affect a pretrial diversion program provided pursuant to Chapter 2.7 (commencing with Section 1001). (Added by Stats. 2017, Ch. 778, Sec. 8. (AB 208) Effective January 1, 2018.) - 1000.7. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.55. Deferred Entry of Judgment Pilot Program [1000.7- 1000.7.] ( Chapter 2.55 added by Stats. 2016, Ch. 865, Sec. 1. )
Some counties may run a deferred entry of judgment pilot program, but only for eligible defendants who meet the statute’s age, plea, program, and disqualification rules.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.55. Deferred Entry of Judgment Pilot Program [1000.7- 1000.7.] ( Chapter 2.55 added by Stats. 2016, Ch. 865, Sec. 1. ) ## 1000.7. (a) The following counties may establish a pilot program pursuant to this section to operate a deferred entry of judgment pilot program for eligible defendants described in subdivision (b): (1) County of Butte. (2) County of Nevada. (3) County of Santa Clara. (b) A defendant may participate in a deferred entry of judgment pilot program within the county’s juvenile hall if that person is charged with committing a felony offense, other than the offenses listed under subdivision (d), pleads guilty to the charge or charges, and the probation department determines that the person meets all of the following requirements: (1) Is 18 years of age or older, but under 21 years of age, on the date the offense was committed. A defendant who is 21 years of age or older, but under 25 years of age, on the date the offense was committed, may participate in the program with the approval of the multidisciplinary team established pursuant to paragraph (2) of subdivision (m). (2) Is suitable for the program after evaluation using a risk assessment tool, as described in subdivision (c). (3) Shows the ability to benefit from services generally reserved for delinquents, including, but not limited to, cognitive behavioral therapy, other mental health services, and age-appropriate educational, vocational, and supervision services, that are currently deployed under the jurisdiction of the juvenile court. (4) Meets the rules of the juvenile hall developed in accordance with the applicable regulations set forth in Title 15 of the California Code of Regulations. (5) Does not have a prior or current conviction for committing an offense listed under subdivision (c) of Section 1192.7, subdivision (c) of Section 667.5, or subdivision (b) of Section 707 of the Welfare and Institutions Code. (6) Is not required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. (c) The probation department, in consultation with the superior court, district attorney, and sheriff of the county or the governmental body charged with operating the county jail, shall develop an evaluation process using a risk assessment tool to determine eligibility for the program. (d) A defendant is ineligible for the program if they are required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1 or have been convicted of one or more of the following offenses: (1) An offense listed under subdivision (c) of Section 1192.7. (2) An offense listed under subdivision (c) of Section 667.5. (3) An offense listed under subdivision (b) of Section 707 of the Welfare and Institutions Code. (e) The court shall grant deferred entry of judgment if an eligible defendant consents to participate in the program, waives the right to a speedy trial or a speedy preliminary hearing, pleads guilty to the charge or charges, and waives time for the pronouncement of judgment. (f) (1) If the probation department determines that the defendant is ineligible for the deferred entry of judgment pilot program or the defendant does not consent to participate in the program, the proceedings shall continue as in any other case. (2) If it appears to the probation department that the defendant is performing unsatisfactorily in the program as a result of the commission of a new crime or the violation of any of the rules of the juvenile hall, or that the defendant is not benefiting from the services in the program, the probation department may make a motion for entry of judgment. After notice to the defendant, the court shall hold a hearing to determine whether judgment should be entered. If the court finds that the defendant is performing unsatisfactorily in the program or that the defendant is not benefiting from the services in the program, the court shall render a finding of guilt to the charge or charges pleaded, enter judgment, and schedule a sentencing hearing as otherwise provided in this code, and the probation department, in consultation with the county sheriff, shall remove the defendant from the program and return the defendant to custody in county jail. The mechanism of when and how the defendant is moved from custody in juvenile hall to custody in a county jail shall be determined by the local multidisciplinary team specified in paragraph (2) of subdivision (m). (3) If the defendant has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period, the court shall dismiss the criminal charge or charges. (g) A defendant shall serve no longer than one year in custody within a county’s juvenile hall pursuant to the program. (h) The probation department shall develop a plan for reentry services, including, but not limited to, housing, employment, and education services, as a component of the program. (i) The probation department shall submit data relating to the effectiveness of the program to the Division of Recidivism Reduction and Re-Entry, within the Department of Justice, including recidivism rates for program participants as compared to recidivism rates for similar populations in the adult system within the county. (j) A defendant participating in this program shall not come into contact with minors within the juvenile hall for any purpose, including, but not limited to, housing, recreation, or education. (k) Before establishing a pilot program pursuant to this section, the county shall apply to the Board of State and Community Corrections for approval of a county institution as a suitable place for confinement for the purpose of the pilot program. The board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the board shall take into account the available programming, capacity, and safety of the institution as a place for the confinement and rehabilitation of individuals within the jurisdiction of the criminal court and those within the jurisdiction of the juvenile court. (l) The Office of Youth and Community Restoration shall review a county’s pilot program to ensure compliance with requirements of the federal Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. Sec. 11101 et seq.), as amended, relating to “sight and sound” separation between juveniles and adult inmates. The Office of Youth and Community Restoration shall communicate the results of any review to the Board of State and Community Corrections within 30 days after the review is complete. (m) (1) This section applies to a defendant who would otherwise serve time in custody in a county jail. Participation in a program pursuant to this section shall not be authorized as an alternative to a sentence involving community supervision. (2) Each county shall establish a multidisciplinary team that shall meet periodically to review and discuss the implementation, practices, and impact of the program. The team shall include representatives from all of the following: (A) The probation department. (B) The district attorney’s office. (C) The public defender’s office. (D) The sheriff’s department. (E) Courts located in the county. (F) The county board of supervisors. (G) The county health and human services department. (H) A youth advocacy group. (n) (1) A county that establishes a pilot program pursuant to this section shall conduct an evaluation of the pilot program’s impact and effectiveness in their county. The evaluation shall include, but not be limited to, evaluating the pilot program’s impact on sentencing and impact on opportunities for community supervision, monitoring the program’s effect on minors in the juvenile facility, if any, and its effectiveness with respect to program participants, including outcome-related data for program participants compared to young adult offenders sentenced for comparable crimes. (2) Each county shall prepare a report based on the evaluation conducted pursuant to paragraph (1) and shall submit the report to the Assembly and Senate Committees on Public Safety, no later than December 31, 2027. (3) Counties may contract with an independent entity, including, but not limited to, the Regents of the University of California, for the purposes of conducting the evaluation and preparing the report pursuant to this subdivision. (4) To continue to participate in the pilot program, authorized counties shall comply with the reporting requirement in paragraph (2). (o) This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2029, deletes or extends that date. (Amended by Stats. 2025, Ch. 394, Sec. 1. (AB 1258) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 2.55, consisting of this section.) - 1000.8. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.6. Deferred Entry of Judgment Reentry Program [1000.8 - 1000.10] ( Chapter 2.6 added by Stats. 2009, Ch. 372, Sec. 4. )
A superior court may create a deferred-entry reentry program for certain first-time nonviolent felony drug offenders, with county prosecutor concurrence.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.6. Deferred Entry of Judgment Reentry Program [1000.8 - 1000.10] ( Chapter 2.6 added by Stats. 2009, Ch. 372, Sec. 4. ) ## 1000.8. A superior court, with the concurrence of the prosecuting attorney of the county, may create a “Back on Track” deferred entry of judgment reentry program aimed at preventing recidivism among first-time nonviolent felony drug offenders. No defendant who has been convicted of a violation of an offense enumerated in subdivision (c) of Section 290 or in Section 1192.7 shall be eligible for the program established in this chapter. When creating this program, the prosecuting attorney, together with the presiding judge and a representative of the criminal defense bar selected by the presiding judge of the superior court may agree to establish a “Back on Track” deferred entry of judgment program pursuant to the provisions of this chapter. The agreement shall specify which low-level nonviolent felony drug offenses under the Health and Safety Code will be eligible for the program and a process for selecting participants. The program shall have the following characteristics: (a) A dedicated calendar. (b) Leadership by a superior court judicial officer who is assigned by the presiding judge. (c) Clearly defined eligibility criteria to enter the program and clearly defined criteria for completion of the program. (d) Legal incentives for defendants to successfully complete the program, including dismissal or reduction of criminal charges upon successful completion of the program. (e) Close supervision to hold participants accountable to program compliance, including the use of graduated sanctions and frequent, ongoing appearances before the court regarding participants’ program progress and compliance with all program terms and conditions. The court may use available legal mechanisms, including return to custody if necessary, for failure to comply with the supervised plan. (f) Appropriate transitional programming for participants, based on available resources from county and community service providers and other agencies. The transitional programming may include, but is not limited to, any of the following: (1) Vocational training, readiness, and placement. (2) Educational training, including assistance with acquiring a G.E.D. or high school diploma and assistance with admission to college. (3) Substance abuse treatment. (4) Assistance with obtaining identification cards and driver’s licenses. (5) Parenting skills training and assistance in becoming compliant with child support obligations. (g) The program may develop a local, public-private partnership between law enforcement, government agencies, private employers, and community-based organizations for the purpose of creating meaningful employment opportunities for participants and to take advantage of incentives for hiring program participants. (Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.) - 1000.9. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.6. Deferred Entry of Judgment Reentry Program [1000.8 - 1000.10] ( Chapter 2.6 added by Stats. 2009, Ch. 372, Sec. 4. )
The prosecuting attorney must decide whether a defendant is eligible for the deferred entry of judgment reentry program and, if applicable, give written notice and record the reasons. The court may grant deferred entry of judgment if the defendant pleads guilty and waives time for judgment.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.6. Deferred Entry of Judgment Reentry Program [1000.8 - 1000.10] ( Chapter 2.6 added by Stats. 2009, Ch. 372, Sec. 4. ) ## 1000.9. The prosecuting attorney shall determine whether a defendant is eligible for participation in the deferred entry of judgment reentry program. (a) If the prosecuting attorney determines that this section may be applicable to the defendant, he or she shall advise the defendant and his or her attorney in writing of that determination. This notification shall include the following: (1) A full description of the procedures for deferred entry of judgment. (2) A general explanation of the role and authority of the prosecuting attorney, the program, and the court in the process. (3) A clear statement that in lieu of trial, the court may grant deferred entry of judgment with respect to the current crime or crimes charged if the defendant pleads guilty to each charge and waives time for the pronouncement of judgment, and that, upon the defendant’s successful completion of the program and the motion of the prosecuting attorney, the court will dismiss the charge or charges against the defendant and the provisions of Sections 851.90 and 1203.4 will apply. (4) A clear statement that failure to comply with any condition under the program may result in the prosecuting attorney or the court making a motion for entry of judgment, whereupon the court will render a finding of guilty to the charge or charges pled, enter judgment, and schedule a sentencing hearing as otherwise provided in this code. (5) An explanation of criminal record retention and disposition resulting from participation in the deferred entry of judgment program and the defendant’s rights relative to answering questions about his or her arrest and deferred entry of judgment following successful completion of the program. (b) If the prosecuting attorney determines that the defendant is eligible for the program, the prosecuting attorney shall state for the record the grounds upon which the determination is based and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for deferred entry of judgment at the arraignment. (c) If the prosecuting attorney determines that the defendant is ineligible for the program, the prosecuting attorney shall state for the record the grounds upon which the determination is based and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for deferred entry of judgment is a postconviction appeal. If the prosecuting attorney does not deem the defendant eligible, or the defendant does not consent to participate, the proceedings shall continue as in any other case. (d) Upon a motion by the prosecuting attorney for an entry of judgment, before entering a judgment of guilty, the court may hold a hearing to determine whether the defendant has failed to comply with the program and should be terminated from the program. (Added by Stats. 2009, Ch. 372, Sec. 4. (AB 750) Effective January 1, 2010.) - 10000. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
Part 3 provisions that are substantially the same as existing law must be treated as restatements and continuations, not new enactments.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10000. The provisions of Part 3 (commencing with Section 2000), insofar as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments. (Amended by Stats. 1987, Ch. 828, Sec. 167.) - 10001. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
People already holding an office under a repealed act keep that office if this act continues it.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10001. All persons who, at the time this act goes into effect, hold office under any of the acts repealed by this act, which offices are continued by this act, continue to hold the same according to the former tenure thereof. (Added by Stats. 1941, Ch. 106.) - 10002. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
Preexisting actions, proceedings, and accrued rights are not affected; later procedure in those matters should conform to this act as far as possible.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10002. No action or proceeding commenced before this act takes effect, and no right accrued, is affected by the provisions of this act, but all procedure thereafter taken therein shall conform to the provisions of this act so far as possible. (Added by Stats. 1941, Ch. 106.) - 10003. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
If part of Part 3 is ruled unconstitutional, the rest of Part 3 remains valid.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10003. If any portion of Part 3 (commencing with Section 2000) is held unconstitutional, that decision shall not affect the validity of any other portion of Part 3 (commencing with Section 2000). (Amended by Stats. 1987, Ch. 828, Sec. 168.) - 10004. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
Headings in the code do not control or change the meaning, scope, or intent of its provisions.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10004. Division, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division, chapter, article or section hereof. (Added by Stats. 1941, Ch. 106.) - 10005. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
A public officer’s granted power or imposed duty may be carried out by the officer’s deputy or by a person the officer authorizes under law.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10005. Whenever, by the provisions of this act, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer. (Added by Stats. 1941, Ch. 106.) - 10006. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
Some juvenile detention authorities must not let detained minors watch videotapes or movies containing harmful matter, and certain corrections and detention authorities may adopt rules for showing videos and movies.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10006. (a) The Department of the Youth Authority and local juvenile halls and camps are prohibited from allowing a minor detained in any institution or facility under their respective jurisdiction to view a videotape or movie shown by the institution or facility that contains harmful matter, as specified in Chapter 7.6 (commencing with Section 313) of Title 9 of Part 1. (b) The Department of Corrections, the Department of the Youth Authority, county juvenile halls and camps, and local adult detention facilities may promulgate regulations regarding the showing of videotapes and movies at any institution or facility under their respective jurisdiction in order to provide for the reasonable security of the institution or facility in which a minor or adult is confined and for the reasonable protection of the public consistent with Section 2600. (Added by Stats. 1994, Ch. 323, Sec. 1. Effective January 1, 1995.) - 10007. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
The Department of Corrections and Rehabilitation may use portable or temporary buildings for inmate services or housing, but housing must not endanger inmates or staff.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10007. The Department of Corrections and Rehabilitation may use portable or temporary buildings to provide rehabilitation, treatment, and educational services to inmates within its custody, or to house inmates, as long as that housing does not jeopardize inmate or staff safety. (Added by Stats. 2007, Ch. 7, Sec. 23. Effective May 3, 2007.) - 10008. Verify source ↗
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. )
When someone in custody dies, the responsible correctional agency must post specified information on its website and update it if details change.
## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 10. GENERAL PROVISIONS [10000 - 10008] ( Title 10 added by Stats. 1941, Ch. 106. ) ## 10008. (a) When a person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website: (1) The full name of the agency with custodial responsibility at the time of death. (2) The county in which the death occurred. (3) The facility in which the death occurred, and the location within that facility where the death occurred. (4) The race, gender, and age of the decedent. (5) The date on which the death occurred. (6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated. (7) The manner and means of death. (b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agency’s internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death and the date on which the death occurred, once determined by a medical examiner or similar entity, the agency shall update the posting within 30 days of the change. (2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agency’s internet website. (c) “In-custody death” means the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility. “In-custody death” also includes deaths that occur in medical facilities while in law-enforcement custody. (Amended by Stats. 2024, Ch. 968, Sec. 1. (AB 2531) Effective January 1, 2025.) - 1001. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
This section says the chapter should not be read to displace other current or future diversion programs, except where the Vehicle Code provides otherwise, and that Sections 1001.2 to 1001.9 apply only to pretrial diversion programs defined in Section 1001.1.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001. It is the intent of the Legislature that this chapter, Chapter 2.5 (commencing with Section 1000) of this title, or any other provision of law not be construed to preempt other current or future pretrial or precomplaint diversion programs. It is also the intent of the Legislature that current or future posttrial diversion programs not be preempted, except as provided in Section 13201 or 13352.5 of the Vehicle Code. Sections 1001.2 to 1001.9, inclusive, of this chapter apply only to pretrial diversion programs as defined in Section 1001.1. (Amended by Stats. 2017, Ch. 537, Sec. 9. (SB 239) Effective January 1, 2018.) - 1001.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
This section defines “pretrial diversion” for the misdemeanor diversion chapter.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.1. As used in Sections 1001.2 to 1001.9, inclusive, of this chapter, pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. (Amended by Stats. 2017, Ch. 537, Sec. 10. (SB 239) Effective January 1, 2018.) - 1001.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
County district attorneys must review diversion programs every year, and a program cannot continue or divert anyone unless the district attorney approves it.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.2. (a) This chapter shall not apply to any pretrial diversion or posttrial programs for the treatment of problem drinking or alcoholism utilized for persons convicted of one or more offenses under Section 23152 or 23153 or former Section 23102 of the Vehicle Code or to pretrial diversion programs established pursuant to Chapter 2.5 (commencing with Section 1000) of this title nor shall this chapter be deemed to authorize any pretrial diversion or posttrial programs for persons alleged to have committed violation of Section 23152 or 23153 of the Vehicle Code. (b) The district attorney of each county shall review annually any diversion program established pursuant to this chapter, and no program shall continue without the approval of the district attorney. No person shall be diverted under a program unless it has been approved by the district attorney. Nothing in this subdivision shall authorize the prosecutor to determine whether a particular defendant shall be diverted. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.20. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
This section defines key terms used in the chapter, including developmental disability, diversion-related treatment and habilitation, regional center, director of a regional center, agency, dual agency diversion, and single agency diversion.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.20. (a) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services under the Lanterman Developmental Disabilities Services Act. (b) “Diversion-related treatment and habilitation” means, but is not limited to, specialized services or special adaptations of generic services, directed toward the alleviation of developmental disability or toward social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability, and includes, but is not limited to, diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, physical, occupational, and speech therapy, training, education, sheltered employment, mental health services, recreation, counseling of the individual with this disability and of the individual’s family, protective and other social and sociolegal services, information and referral services, follow-along services, and transportation services necessary to ensure delivery of services to persons with developmental disabilities. (c) “Regional center” means a regional center for the developmentally disabled established under the Lanterman Developmental Disabilities Services Act that is organized as a private nonprofit community agency to plan, purchase, and coordinate the delivery of services that cannot be provided by state agencies to developmentally disabled persons residing in a particular geographic catchment area, and that is licensed and funded by the State Department of Developmental Services. (d) “Director of a regional center” means the executive director of a regional center for the developmentally disabled individual or their designee. (e) “Agency” means the prosecutor, the probation department, and the regional center involved in a particular defendant’s case. (f) “Dual agency diversion” means a treatment and habilitation program developed with court approval by the regional center, administered jointly by the regional center and by the probation department, that is individually tailored to the needs of the defendant as derived from the defendant’s individual program plan pursuant to Section 4646 of the Welfare and Institutions Code, and that includes, but is not limited to, treatment specifically addressed to the criminal offense charged, for a specified period of time as prescribed in Section 1001.28. (g) “Single agency diversion” means a treatment and habilitation program developed with court approval by the regional center, administered solely by the regional center without involvement by the probation department, that is individually tailored to the needs of the defendant as derived from the defendant’s individual program plan pursuant to Section 4646 of the Welfare and Institutions Code, and that includes, but is not limited to, treatment specifically addressed to the criminal offense charged, for a specified period of time as prescribed in Section 1001.28. (h) This section is operative January 1, 2021. (Repealed (in Sec. 14) and added by Stats. 2020, Ch. 11, Sec. 15. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.) - 1001.21. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
This section lets diversion apply in certain criminal cases involving a person with a developmental disability, but bars diversion for listed serious offenses and when the defendant was already diverted under this chapter within the last two years.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.21. (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading at any stage of the criminal proceedings, for any person who has been evaluated by a regional center and who is determined to be a person with a developmental disability by the regional center, and who therefore is eligible for its services. (b) This chapter applies to any offense that is charged as a misdemeanor or felony offense, except that a defendant may not be placed into a diversion program, pursuant to this section, for any of the following current charged offenses: (1) Murder or voluntary manslaughter. (2) An offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314. (3) Rape. (4) Lewd or lascivious act on a child under 14 years of age. (5) Assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220. (6) Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1. (7) Continuous sexual abuse of a child, in violation of Section 288.5. (8) A violation of subdivision (b) or (c) of Section 11418. (c) Diversion shall not be ordered when the defendant previously has been diverted under this chapter within two years prior to the present criminal proceedings. (d) This section is operative January 1, 2021. (Repealed (in Sec. 16) and added by Stats. 2020, Ch. 11, Sec. 17. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.) - 1001.22. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
The court must consult key agencies, appoint counsel if needed, and order reports when diversion for a defendant with a possible developmental disability is being considered.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.22. The court shall consult with the prosecutor, the defense counsel, the probation department, and the appropriate regional center in order to determine whether a defendant may be diverted pursuant to this chapter. If the defendant is not represented by counsel, the court shall appoint counsel to represent the defendant. When the court suspects that a defendant may have a developmental disability, as defined in subdivision (a) of Section 1001.20, and the defendant consents to the diversion process and to the case being evaluated for eligibility for regional center services, and waives their right to a speedy trial, the court shall order the prosecutor, the probation department, and the regional center to prepare reports on specified aspects of the defendant’s case. Each report shall be prepared concurrently. (a) The regional center shall submit a report to the probation department within 25 judicial days of the court’s order. The regional center’s report shall include a determination as to whether the defendant has a developmental disability and is eligible for regional center diversion-related treatment and habilitation services, and the regional center shall also submit to the court a proposed diversion program, individually tailored to the needs of the defendant as derived from the defendant’s individual program plan pursuant to Section 4646 of the Welfare and Institutions Code, which shall include, but not be limited to, treatment addressed to the criminal offense charged for a period of time as prescribed in Section 1001.28. The regional center’s report shall also contain a statement whether the proposed program is available for the defendant through the treatment and habilitation services of the regional centers pursuant to Section 4648 of the Welfare and Institutions Code. (b) The prosecutor shall submit a report on specified aspects of the defendant’s case, within 30 judicial days of the court’s order, to the court, to each of the other agencies involved in the case, and to the defendant. The prosecutor’s report shall include all of the following: (1) A statement of whether the defendant’s record indicates the defendant’s diversion pursuant to this chapter within two years prior to the alleged commission of the charged divertible offense. (2) If the prosecutor recommends that this chapter may be applicable to the defendant, the prosecutor shall recommend either a dual or single agency diversion program and shall advise the court, the probation department, the regional center, and the defendant, in writing, of that determination within 20 judicial days of the court’s order to prepare the report. (3) If the prosecutor recommends against diversion, the prosecutor’s report shall include a declaration in writing to state for the record the grounds upon which the recommendation was made, and the court shall determine, pursuant to Section 1001.23, whether the defendant shall be diverted. (4) If dual agency diversion is recommended by the prosecutor, a copy of the prosecutor’s report shall also be provided by the prosecutor to the probation department, the regional center, and the defendant within the above prescribed time period. This notification shall include all of the following: (A) A full description of the proceedings for diversion and the prosecutor’s investigation procedures. (B) A general explanation of the role and authority of the probation department, the prosecutor, the regional center, and the court in the diversion program process. (C) A clear statement that the court may decide in a hearing not to divert the defendant and that the defendant may have to stand trial for the alleged offense. (D) A clear statement that should the defendant fail in meeting the terms of the diversion, or if, during the period of diversion, the defendant is subsequently charged with a felony, the defendant may be required, after a hearing, to stand trial for the original diverted offense. (c) The probation department shall submit a report on specified aspects of the defendant’s case within 30 judicial days of the court’s order, to the court, to each of the other agencies involved in the case, and to the defendant. The probation department’s report to the court shall be based upon an investigation by the probation department and consideration of the defendant’s age, developmental disability, employment record, educational background, ties to community agencies and family, treatment history, criminal record if any, and demonstrable motivation and other mitigating factors in determining whether the defendant is a person who would benefit from a diversion-related treatment and habilitation program. The regional center’s report in full shall be appended to the probation department’s report to the court. (d) This section is operative January 1, 2021. (Repealed (in Sec. 18) and added by Stats. 2020, Ch. 11, Sec. 19. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.) - 1001.23. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
This section lets the court order diversion for an eligible defendant and sets reporting duties for the regional center and probation department.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.23. (a) Upon the court’s receipt of the reports from the prosecutor, the probation department, and the regional center, and a determination by the regional center that the defendant does not have a developmental disability, the criminal proceedings for the offense charged shall proceed. If the defendant is found to have a developmental disability and to be eligible for regional center services, and the court determines from the various reports submitted to it that the proposed diversion program is acceptable to the court, the prosecutor, the probation department, and the regional center, and if the defendant consents to diversion and waives their right to a speedy trial, the court may order, without a hearing, that the diversion program be implemented for a period of time as prescribed in Section 1001.28. (b) After consideration of the probation department’s report, the report of the regional center, the report of the prosecutor relating to the prosecutor’s recommendation for or against diversion, the defendant’s violence and criminal history, the relationship of the developmental disability to the charged offense, and the current charged offense, and any other relevant information, and the court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, if treated in the community, the court shall determine if the defendant shall be diverted under either dual or single agency supervision, and referred for habilitation or rehabilitation diversion pursuant to this chapter. If the court does not deem the defendant a person who would benefit by diversion at the time of the hearing, the suspended criminal proceedings may be reinstituted, or any other disposition as authorized by law may be made, and diversion may be ordered at a later date. (c) If a dual agency diversion program is ordered by the court, the regional center shall submit a report to the probation department on the defendant’s progress in the diversion program not less than every six months. Within five judicial days after receiving the regional center’s report, the probation department shall submit its report on the defendant’s progress in the diversion program, with the full report of the regional center appended, to the court and to the prosecutor. If single agency diversion is ordered by the court, the regional center alone shall report the defendant’s progress to the court and to the prosecutor not less than every six months. (d) This section is operative January 1, 2021. (Repealed (in Sec. 20) and added by Stats. 2020, Ch. 11, Sec. 21. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.) - 1001.24. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
Statements made by the defendant, and information obtained from those statements, are not admissible in later actions or proceedings when made during the specified investigation period.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.24. No statement, or information procured therefrom, made by the defendant to any probation officer, the prosecutor, or any regional center designee during the course of the investigation conducted by either the regional center or the probation department pursuant to this chapter, and prior to the reporting to the probation department of the regional center’s findings of eligibility and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to this investigation. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.25. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
After diversion is granted, statements or information about the charged offense made to a probation officer, prosecutor, or regional center designee cannot be used in later actions or proceedings brought after the investigation.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.25. No statement, or information procured therefrom, with respect to the specific offense with which the defendant is charged, which is made to a probation officer, a prosecutor, or a regional center designee subsequent to the granting of diversion shall be admissible in any action or proceeding brought subsequent to the investigation. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.26. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
If diversion is denied or later revoked, information from the probation investigation cannot be used in sentencing procedures.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.26. In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor the statements or other information divulged by the defendant during the investigation by the probation department or the regional center shall be used in any sentencing procedures. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.27. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
When a defendant’s case is diverted, any bail, bond, undertaking, or deposit made in place of it must be exonerated, and the court must issue an order to that effect.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.27. At such time as the defendant’s case is diverted, any bail, bond, or undertaking, or deposit in lieu thereof, on file or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.28. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
Diversion of criminal proceedings may last no longer than two years, and progress reports must be filed with the court and prosecutor at least every six months.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.28. The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall file reports on the defendant’s progress in the diversion program with the court and with the prosecutor not less than every six months. (a) Where dual agency diversion has been ordered, the probation department shall be responsible for the progress reports. The probation department shall append to its own report a copy of the regional center’s assessment of the defendant’s progress. (b) Where single agency diversion has been ordered, the regional center alone shall be responsible for the progress reports. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.29. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
The court may hold a hearing and change a diversion program, and may reinstitute the criminal proceedings in specified situations, but notice and, in one case, probable-cause timing rules apply.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.29. (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. (3) The defendant is engaged in criminal conduct rendering the defendant unsuitable for diversion. (4) The defendant’s performance in the diversion program is unsatisfactory. (b) In cases of dual agency diversion, a hearing to reinstitute the diverted criminal proceedings may be initiated by either the court, the prosecutor, the regional center, or the probation department. (c) In cases of single agency diversion, a hearing to reinstitute the diverted criminal proceedings may be initiated only by the court, the prosecutor, or the regional center. (d) No hearing for either of these purposes shall be held unless the moving agency or the court has given the divertee prior notice of the hearing. (e) Where the cause of the hearing is a subsequent charge of a felony against the divertee subsequent to the diversion order, any hearing to reinstitute the diverted criminal proceedings shall be delayed until such time as probable cause has been established in court to bind the defendant over for trial on the subsequently charged felony. (f) This section is operative January 1, 2021. (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.) - 1001.3. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
A defendant cannot be required to admit guilt before being placed in a pretrial diversion program.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.3. At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.30. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
A defendant in a diversion program may withdraw consent to keep participating.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.30. At any time during which the defendant is participating in a diversion program, he or she may withdraw consent to further participate in the diversion program, and at such time as such consent is withdrawn, the suspended criminal proceedings may resume or such other disposition may be made as is authorized by law. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.31. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
If the divertee performs satisfactorily during diversion, the criminal charges must be dismissed when the diversion period ends.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.31. If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the diversion period. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.32. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
Records filed with the State Department of Justice must state the disposition of cases diverted under this chapter.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.32. Any record filed with the State Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.33. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
After successful diversion, the divertee may say they were not arrested or diverted, but must still disclose the arrest for direct peace officer application questions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.33. (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The divertee may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (Amended by Stats. 1996, Ch. 743, Sec. 3. Effective January 1, 1997.) - 1001.34. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. )
Regional centers must fully implement the diversion-related individual program plan when there is a court order and approval of the diversion-related treatment and habilitation plan.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities [1001.20 - 1001.34] ( Heading of Chapter 2.8 amended by Stats. 2004, Ch. 290, Sec. 1. ) ## 1001.34. Notwithstanding any other provision of law, the diversion-related individual program plan shall be fully implemented by the regional centers upon court order and approval of the diversion-related treatment and habilitation plan. (Added by Stats. 1980, Ch. 1253, Sec. 1.) - 1001.35. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8A. Diversion of Individuals with Mental Disorders [1001.35 - 1001.36] ( Chapter 2.8A added by Stats. 2018, Ch. 34, Sec. 24. )
This chapter’s purpose is to increase diversion of individuals with mental disorders, allow county discretion in designing and implementing diversion, and provide diversion that meets treatment and support needs while protecting public safety.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8A. Diversion of Individuals with Mental Disorders [1001.35 - 1001.36] ( Chapter 2.8A added by Stats. 2018, Ch. 34, Sec. 24. ) ## 1001.35. The purpose of this chapter is to promote all of the following: (a) Increased diversion of individuals with mental disorders to mitigate the individuals’ entry and reentry into the criminal justice system while protecting public safety. (b) Allowing local discretion and flexibility for counties in the development and implementation of diversion for individuals with mental disorders across a continuum of care settings. (c) Providing diversion that meets the unique mental health treatment and support needs of individuals with mental disorders. (Added by Stats. 2018, Ch. 34, Sec. 24. (AB 1810) Effective June 27, 2018.) - 1001.36. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8A. Diversion of Individuals with Mental Disorders [1001.35 - 1001.36] ( Chapter 2.8A added by Stats. 2018, Ch. 34, Sec. 24. )
This section lets a court grant pretrial diversion to some defendants with qualifying mental disorders, but not for listed excluded offenses.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.8A. Diversion of Individuals with Mental Disorders [1001.35 - 1001.36] ( Chapter 2.8A added by Stats. 2018, Ch. 34, Sec. 24. ) ## 1001.36. (a) On an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (d), the court may, in its discretion, and after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant satisfies the eligibility requirements for pretrial diversion set forth in subdivision (b) and the court determines that the defendant is suitable for that diversion under the factors set forth in subdivision (c). (b) A defendant is eligible for pretrial diversion pursuant to this section if both of the following criteria are met: (1) The defendant has been diagnosed with a mental disorder as identified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or post-traumatic stress disorder, but excluding antisocial personality disorder and pedophilia. Evidence of the defendant’s mental disorder shall be provided by the defense and shall include a diagnosis or treatment for a diagnosed mental disorder within the last five years by a qualified mental health expert. In opining that a defendant suffers from a qualifying disorder, the qualified mental health expert may rely on an examination of the defendant, the defendant’s medical records, arrest reports, or any other relevant evidence. (2) The defendant’s mental disorder was a significant factor in the commission of the charged offense. If the defendant has been diagnosed with a mental disorder, the court shall find that the defendant’s mental disorder was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense. A court may consider any relevant and credible evidence, including, but not limited to, police reports, preliminary hearing transcripts, witness statements, statements by the defendant’s mental health treatment provider, medical records, records or reports by qualified medical experts, or evidence that the defendant displayed symptoms consistent with the relevant mental disorder at or near the time of the offense. (c) For any defendant who satisfies the eligibility requirements in subdivision (b), the court must consider whether the defendant is suitable for pretrial diversion. A defendant is suitable for pretrial diversion if all of the following criteria are met: (1) In the opinion of a qualified mental health expert, the defendant’s symptoms of the mental disorder causing, contributing to, or motivating the criminal behavior would respond to mental health treatment. (2) The defendant consents to diversion and waives the defendant’s right to a speedy trial, or a defendant has been found to be an appropriate candidate for diversion in lieu of commitment pursuant to clause (iii) of subparagraph (B) of, or clause (v) of subparagraph (C), of, paragraph (1) of subdivision (a) of Section 1370, or subparagraph (A) of paragraph (1) of subdivision (b) of Section 1370.01 and, as a result of the defendant’s mental incompetence, cannot consent to diversion or give a knowing and intelligent waiver of the defendant’s right to a speedy trial. (3) The defendant agrees to comply with treatment as a condition of diversion, or the defendant has been found to be an appropriate candidate for diversion in lieu of commitment for restoration of competency treatment pursuant to clause (iii) of subparagraph (B) of, or clause (v) of subparagraph (C) of, paragraph (1) of subdivision (a) of Section 1370 or subparagraph (A) of paragraph (1) of subdivision (b) of Section 1370.01 and, as a result of the defendant’s mental incompetence, cannot agree to comply with treatment. (4) The defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, if treated in the community. The court may consider the opinions of the district attorney, the defense, or a qualified mental health expert, and may consider the defendant’s treatment plan, the defendant’s violence and criminal history, the current charged offense, and any other factors that the court deems appropriate. (d) A defendant may not be placed into a diversion program, pursuant to this section, for the following current charged offenses: (1) Murder or voluntary manslaughter. (2) An offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314. (3) Rape. (4) Lewd or lascivious act on a child under 14 years of age. (5) Assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220. (6) Commission of rape or sexual penetration in concert with another person, in violation of Section 264.1. (7) Continuous sexual abuse of a child, in violation of Section 288.5. (8) A violation of subdivision (b) or (c) of Section 11418. (e) At any stage of the proceedings, the court may require the defendant to make a prima facie showing that the defendant will meet the minimum requirements of eligibility for diversion and that the defendant and the offense are suitable for diversion. The hearing on the prima facie showing shall be informal and may proceed on offers of proof, reliable hearsay, and argument of counsel. If a prima facie showing is not made, the court may summarily deny the request for diversion or grant any other relief as may be deemed appropriate. (f) As used in this chapter, the following terms have the following meanings: (1) “Pretrial diversion” means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to all of the following: (A) (i) The court is satisfied that the recommended inpatient or outpatient program of mental health treatment will meet the specialized mental health treatment needs of the defendant. (ii) The defendant may be referred to a program of mental health treatment utilizing existing inpatient or outpatient mental health resources. Before approving a proposed treatment program, the court shall consider the request of the defense, the request of the prosecution, the needs of the defendant, and the interests of the community. The treatment may be procured using private or public funds, and a referral may be made to a county mental health agency, existing collaborative courts, or assisted outpatient treatment only if that entity has agreed to accept responsibility for the treatment of the defendant, and mental health services are provided only to the extent that resources are available and the defendant is eligible for those services. (iii) If the court refers the defendant to a county mental health agency pursuant to this section and the agency determines that it is unable to provide services to the defendant, the court shall accept a written declaration to that effect from the agency in lieu of requiring live testimony. That declaration shall serve only to establish that the program is unable to provide services to the defendant at that time and does not constitute evidence that the defendant is unqualified or unsuitable for diversion under this section. (B) The provider of the mental health treatment program in which the defendant has been placed shall provide regular reports to the court, the defense, and the prosecutor on the defendant’s progress in treatment. (C) The period during which criminal proceedings against the defendant may be diverted is limited as follows: (i) If the defendant is charged with a felony, the period shall be no longer than two years. (ii) If the defendant is charged with a misdemeanor, the period shall be no longer than one year. (D) Upon request, the court shall conduct a hearing to determine whether restitution, as defined in subdivision (f) of Section 1202.4, is owed to any victim as a result of the diverted offense and, if owed, order its payment during the period of diversion. However, a defendant’s inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. (2) “Qualified mental health expert” includes, but is not limited to, a psychiatrist, psychologist, a person described in Section 5751.2 of the Welfare and Institutions Code, or a person whose knowledge, skill, experience, training, or education qualifies them as an expert. (g) If any of the following circumstances exists, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold a hearing to determine whether the criminal proceedings should be reinstated, whether the treatment should be modified, or whether the defendant should be conserved and referred to the conservatorship investigator of the county of commitment to initiate conservatorship proceedings for the defendant pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code: (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. (3) The defendant is engaged in criminal conduct rendering the defendant unsuitable for diversion. (4) Based on the opinion of a qualified mental health expert whom the court may deem appropriate, either of the following circumstances exists: (A) The defendant is performing unsatisfactorily in the assigned program. (B) The defendant is gravely disabled, as defined in subparagraph (B) of paragraph (1) of subdivision (h) of Section 5008 of the Welfare and Institutions Code. A defendant shall only be conserved and referred to the conservatorship investigator pursuant to this finding. (h) If the defendant has performed satisfactorily in diversion, at the end of the period of diversion, the court shall dismiss the defendant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. A court may conclude that the defendant has performed satisfactorily if the defendant has substantially complied with the requirements of diversion, has avoided significant new violations of law unrelated to the defendant’s mental health condition, and has a plan in place for long-term mental health care. If the court dismisses the charges, the clerk of the court shall file a record with the Department of Justice indicating the disposition of the case diverted pursuant to this section. Upon successful completion of diversion, if the court dismisses the charges, the arrest upon which the diversion was based shall be deemed never to have occurred, and the court shall order access to the record of the arrest restricted in accordance with Section 1001.9, except as specified in subdivisions (j) and (k). The defendant who successfully completes diversion may indicate in response to any question concerning the defendant’s prior criminal record that the defendant was not arrested or diverted for the offense, except as specified in subdivision (j). (i) A record pertaining to an arrest resulting in successful completion of diversion, or any record generated as a result of the defendant’s application for or participation in diversion, shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (j) The defendant shall be advised that, regardless of the defendant’s completion of diversion, both of the following apply: (1) The arrest upon which the diversion was based may be disclosed by the Department of Justice to any peace officer application request and that, notwithstanding subdivision (i), this section does not relieve the defendant of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (2) An order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. (k) A finding that the defendant suffers from a mental disorder, any progress reports concerning the defendant’s treatment, including, but not limited to, any finding that the defendant be prohibited from owning or controlling a firearm because they are a danger to themselves or others pursuant to subdivision (m), or any other records related to a mental disorder that were created as a result of participation in, or completion of, diversion pursuant to this section or for use at a hearing on the defendant’s eligibility for diversion under this section may not be used in any other proceeding without the defendant’s consent, unless that information is relevant evidence that is admissible under the standards described in paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution. However, when determining whether to exercise its discretion to grant diversion under this section, a court may consider previous records of participation in diversion under this section. (l) The county agency administering the diversion, the defendant’s mental health treatment providers, the public guardian or conservator, and the court shall, to the extent not prohibited by federal law, have access to the defendant’s medical and psychological records, including progress reports, during the defendant’s time in diversion, as needed, for the purpose of providing care and treatment and monitoring treatment for diversion or conservatorship. (m) (1) The prosecution may request an order from the court that the defendant be prohibited from owning or possessing a firearm until they successfully complete diversion because they are a danger to themselves or others pursuant to subdivision (i) of Section 8103 of the Welfare and Institutions Code. (2) The prosecution shall bear the burden of proving, by clear and convincing evidence, both of the following are true: (A) The defendant poses a significant danger of causing personal injury to themselves or another by having in their custody or control, owning, purchasing, possessing, or receiving a firearm. (B) The prohibition is necessary to prevent personal injury to the defendant or any other person because less restrictive alternatives either have been tried and found to be ineffective or are inadequate or inappropriate for the circumstances of the defendant. (3) (A) If the court finds that the prosecution has not met that burden, the court shall not order that the person is prohibited from having, owning, purchasing, possessing, or receiving a firearm. (B) If the court finds that the prosecution has met the burden, the court shall order that the person is prohibited, and shall inform the person that they are prohibited, from owning or controlling a firearm until they successfully complete diversion because they are a danger to themselves or others. (4) An order imposed pursuant to this subdivision shall be in effect until the defendant has successfully completed diversion or until their firearm rights are restored pursuant to paragraph (4) of subdivision (g) of Section 8103 of the Welfare and Institutions Code. (Amended by Stats. 2024, Ch. 647, Sec. 1.5. (SB 1400) Effective January 1, 2025.) - 1001.4. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
A divertee is entitled to a hearing before pretrial diversion can be terminated for cause.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.4. A divertee is entitled to a hearing, as set forth by law, before his or her pretrial diversion can be terminated for cause. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.40. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.81. Pretrial Diversion of Traffic Violators [1001.40- 1001.40.] ( Chapter 2.81 added by Stats. 1990, Ch. 1303, Sec. 1. )
A county may adopt an ordinance creating a pretrial diversion program for certain traffic violators.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.81. Pretrial Diversion of Traffic Violators [1001.40- 1001.40.] ( Chapter 2.81 added by Stats. 1990, Ch. 1303, Sec. 1. ) ## 1001.40. Notwithstanding any other provision of law, a county acting on behalf of one or more individual courts may by ordinance establish a program that provides for pretrial diversion by the court of any person issued a notice to appear for a traffic violation to attend any traffic violator school licensed pursuant to Chapter 1.5 (commencing with Section 11200) of Division 5 of the Vehicle Code. (Added by Stats. 1990, Ch. 1303, Sec. 1.) - 1001.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
Statements and related information tied to a defendant’s diversion eligibility or participation are not admissible in any action or proceeding, except they may be used in termination proceedings if the divertee is recommended for termination for cause.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.5. No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom, made by the defendant, subsequent to the granting of diversion or while participating in such program, and no information contained in any report made with respect thereto, and no statement or other information concerning the defendant’s participation in such program shall be admissible in any action or proceeding. However, if a divertee is recommended for termination for cause, information regarding his or her participation in such program may be used for purposes of the termination proceedings. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.50. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. )
A county chapter on diversion of misdemeanor offenders becomes operative only if the county board of supervisors adopts it by ordinance, and the district attorney must review diversion programs annually and approve them for them to continue or be used.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. ) ## 1001.50. (a) Notwithstanding any other provision of law, this chapter shall become operative in a county only if the board of supervisors adopts the provisions of this chapter by ordinance. (b) The district attorney of each county shall review annually any diversion program established pursuant to this chapter, and no program shall continue without the approval of the district attorney. No person shall be diverted under a program unless it has been approved by the district attorney. Nothing in this subdivision shall authorize the prosecutor to determine whether a particular defendant shall be diverted. (c) As used in this chapter, “pretrial diversion” means the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. (Added by Stats. 1982, Ch. 1251, Sec. 2.) - 1001.51. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. )
This section says the chapter applies to certain misdemeanor cases only if the defendant meets several prior-record conditions and the misdemeanor is not one of the listed excluded offenses.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. ) ## 1001.51. (a) This chapter shall apply whenever a case is before any court upon an accusatory pleading concerning the commission of a misdemeanor, except a misdemeanor specified in subdivision (b), and it appears to the court that all of the following apply to the defendant: (1) The defendant’s record does not indicate that probation or parole has ever been revoked without thereafter being completed. (2) The defendant’s record does not indicate that he has been diverted pursuant to this chapter within five years prior to the filing of the accusatory pleading which charges the divertible offense. (3) The defendant has never been convicted of a felony, and has not been convicted of a misdemeanor within five years prior to the filing of the accusatory pleading which charges the divertible offense. (b) This chapter shall not apply to any pretrial diversion or posttrial program otherwise established by this code, nor shall this chapter be deemed to authorize any pretrial diversion or posttrial program for any person alleged to have committed a violation of Section 23152 or 23153 of the Vehicle Code. (c) This chapter shall not apply whenever the accusatory pleading charges the commission of a misdemeanor: (1) For which incarceration would be mandatory upon conviction of the defendant. (2) For which registration would be required pursuant to Section 290 upon conviction of the defendant. (3) Which the magistrate determines shall be prosecuted as a misdemeanor pursuant to paragraph (5) of subdivision (b) of Section 17. (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 misdemeanor pursuant to the Vehicle Code. (Added by Stats. 1982, Ch. 1251, Sec. 2.) - 1001.52. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. )
If the defendant agrees and gives up a speedy-trial right, the case goes to the probation department for investigation and a report to the court.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. ) ## 1001.52. (a) If the defendant consents and waives his right to a speedy trial, the case shall be referred to the probation department. The probation department shall conduct such investigation as is necessary to determine whether the defendant qualifies for diversion under subdivision (a) of Section 1001.51, and whether he or she is a person who would be benefited by education, treatment or rehabilitation. The probation department shall also determine which educational, treatment or rehabilitative plan would benefit the defendant. The probation department shall report its findings and recommendation to the court. If the recommendation includes referral to a community program, the report shall contain a statement regarding the program’s willingness to accept the defendant and the manner in which the services they offer can assist the defendant in completing the diversion program successfully. (b) No statement, or any information procured therefrom, made by the defendant to any probation officer, which is made during the course of any investigation conducted by the probation department pursuant to subdivision (b), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation. No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged, which is made to any probation officer subsequent to the granting of diversion, shall be admissible in any action or proceeding. In the event that diversion is either denied, or is subsequently revoked once it has been granted, neither the probation investigation nor statements or information divulged during that investigation shall be used in any pretrial sentencing procedures. (Added by Stats. 1982, Ch. 1251, Sec. 2.) - 1001.53. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. )
The court must hold a hearing, decide whether the defendant consents and waives speedy trial rights, and may order payment of diversion costs if the defendant can pay.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. ) ## 1001.53. The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the defendant consents to further proceedings under this chapter and waives his or her right to a speedy trial. If the court orders a defendant to be diverted, the court 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 or her to pay all or part of such expense. The reasonable cost of diversion shall not exceed the amount determined to be the actual average cost of diversion services. If the court does not deem the defendant to be a person who would be benefited by diversion, or if the defendant does not consent to participate, the proceedings shall continue as in any other case. At such time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. The period during which the further criminal proceedings against the defendant may be diverted shall be for the length of time required to complete and verify the diversion program but in no case shall it exceed two years. (Added by Stats. 1982, Ch. 1251, Sec. 2.) - 1001.54. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. )
If diversion fails or the divertee is later convicted of certain crimes, the court must hold a hearing and may send the case back for resumed criminal proceedings; if diversion is completed satisfactorily, the charges must be dismissed.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. ) ## 1001.54. If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from education, treatment or rehabilitation, or that the divertee is convicted of a misdemeanor in which force or violence is used, or if the divertee is convicted of a felony, after notice to the divertee, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the divertee is not performing satisfactorily in the assigned program, or that the divertee is not benefiting from diversion, or the court finds that the divertee has been convicted of a crime as indicated above, the criminal case shall be referred back to the court for resumption of the criminal proceedings. If the divertee has performed satisfactorily during the period of diversion, at the end of the period of diversion, the criminal charges shall be dismissed. (Added by Stats. 1982, Ch. 1251, Sec. 2.) - 1001.55. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. )
This section requires DOJ records to show the disposition of diverted cases, lets a divertee say they were not arrested or diverted after successful completion (except as stated in subdivision (b)), and bars use of the arrest record to deny employment, benefits, licenses, or certificates without consent.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9. Diversion of Misdemeanor Offenders [1001.50 - 1001.55] ( Chapter 2.9 added by Stats. 1982, Ch. 1251, Sec. 2. ) ## 1001.55. (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The divertee may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (Amended by Stats. 1996, Ch. 743, Sec. 4. Effective January 1, 1997.) - 1001.6. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
When a defendant’s case is diverted, the court must enter an order directing exoneration of any bail bond, undertaking, or deposit on file for the defendant.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.6. At such time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.60. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
A district attorney may create a bad check diversion program if the board of supervisors adopts a resolution saying there are enough funds.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.60. Upon the adoption of a resolution by the board of supervisors declaring that there are sufficient funds available to fund the program, the district attorney may create within his or her office a diversion program pursuant to this chapter for persons who write bad checks. For purposes of this chapter, “writing a bad check” means making, drawing, uttering, or delivering any check or draft upon any bank or depository for the payment of money where there is probable cause to believe there has been a violation of Section 476a. The program may be conducted by the district attorney or by a private entity under contract with the district attorney. (Amended by Stats. 2008, Ch. 264, Sec. 1. Effective January 1, 2009.) - 1001.61. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
The district attorney may refer a bad check case to a diversion program, and this chapter generally does not limit the district attorney’s power to prosecute bad check complaints except as provided in Section 1001.64.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.61. The district attorney may refer a bad check case to the diversion program. Except as provided in Section 1001.64, this chapter does not limit the power of the district attorney to prosecute bad check complaints. (Added by Stats. 1985, Ch. 1059, Sec. 1.) - 1001.62. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
When a bad check case is received, the district attorney must decide whether it should be referred to the bad check diversion program.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.62. On receipt of a bad check case, the district attorney shall determine if the case is one which is appropriate to be referred to the bad check diversion program. In determining whether to refer a case to the bad check diversion program, the district attorney shall consider, but is not limited to, all of the following: (a) The amount of the bad check. (b) If the person has a prior criminal record or has previously been diverted. (c) The number of bad check grievances against the person previously received by the district attorney. (d) Whether there are other bad check grievances currently pending against the person. (e) The strength of the evidence, if any, of intent to defraud the victim. (Added by Stats. 1985, Ch. 1059, Sec. 1.) - 1001.63. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
When a bad check case is referred to the diversion program, a notice must be mailed to the person alleged to have written the check.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.63. On referral of a bad check case to the diversion program, a notice shall be forwarded by mail to the person alleged to have written the bad check which contains all of the following: (a) The date and amount of the bad check. (b) The name of the payee. (c) The date before which the person must contact the person designated by the district attorney concerning the bad check. (d) A statement of the penalty for issuance of a bad check. (Added by Stats. 1985, Ch. 1059, Sec. 1.) - 1001.64. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
The district attorney may make a written agreement to delay bad check prosecution, but only for up to six months and only if the listed conditions are met.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.64. The district attorney may enter into a written agreement with the person to forego prosecution on the bad check for a period to be determined by the district attorney, not to exceed six months, pending all of the following: (a) Completion of a class or classes conducted by the district attorney or private entity under contract with the district attorney. (b) Full restitution being made to the victim of the bad check to hold offenders accountable for victims’ losses as a result of criminal conduct. For the purpose of this subdivision, “restitution” means the face value of the bad check or bad checks and any bank charges, as described in Section 1001.65. (c) Full payment of the diversion fees, if any, specified in Section 1001.65. (Amended by Stats. 2008, Ch. 264, Sec. 2. Effective January 1, 2009.) - 1001.65. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
A district attorney may charge a bad-check processing fee, and a court may also impose related fees and conditions after conviction in certain bad-check cases.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.65. (a) A district attorney may collect a processing fee if his or her office collects and processes a bad check. The amount of the fee shall not exceed fifty dollars ($50) for each bad check in addition to the actual amount of any bank charges, including the returned check fee, if any, incurred by the victim as a result of the offense. (b) Notwithstanding subdivision (a), when a criminal complaint is filed in a bad check case after the maker of the check fails to comply with the terms of the bad check diversion program, the court, after conviction, may impose a bad check processing fee for the recovery and processing efforts by the district attorney of not more than fifty dollars ($50) for each bad check in addition to the actual amount of any bank charges incurred by the victim as a result of the offense, including the returned check fee, if any, not to exceed one thousand two hundred dollars ($1,200) in the aggregate. The court also may, as a condition of probation, require a defendant to participate in and successfully complete a check writing education class. If so required, the court shall make inquiry into the financial condition of the defendant and, upon a finding that the defendant is able in whole or part to pay the expense of the education class, the court may order him or her to pay for all or part of that expense. (c) If the district attorney elects to collect any fee for bank charges incurred by the victim pursuant to this section, including any fee charged for a returned check, that fee shall be paid to the victim for any bank fees that the victim may have been assessed. In no event shall reimbursement of a bank charge to the victim pursuant to subdivision (a) or (b) exceed fifteen dollars ($15) per check. (Amended by Stats. 2008, Ch. 264, Sec. 3. Effective January 1, 2009.) - 1001.66. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
A defendant cannot be required to admit guilt before being placed in a precomplaint diversion program.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.66. At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a precomplaint diversion program. (Added by Stats. 1985, Ch. 1059, Sec. 1.) - 1001.67. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. )
Statements and related information connected to a defendant’s bad check diversion eligibility or participation are not admissible in any action or proceeding.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9A. Bad Check Diversion [1001.60 - 1001.67] ( Chapter 2.9A added by Stats. 1985, Ch. 1059, Sec. 1. ) ## 1001.67. No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom, made by the defendant, subsequent to the granting of diversion or while participating in the program, and no information contained in any report made with respect thereto, and no statement or other information concerning the defendant’s participation in the program shall be admissible in any action or proceeding. (Added by Stats. 1985, Ch. 1059, Sec. 1.) - 1001.7. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
If a divertee performs satisfactorily during diversion, the criminal charges must be dismissed when the diversion period ends.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.7. If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the period of diversion. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.70. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. )
Local prosecutors must review diversion programs annually, and a program cannot start or continue unless the local prosecutor approves it.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. ) ## 1001.70. (a) Every local prosecutor with jurisdiction to prosecute violations of Section 272 shall review annually any diversion program established pursuant to this chapter, and no program shall commence or continue without the approval of the local prosecutor. No person shall be diverted under a program unless it has been approved by the local prosecutor. Nothing in this subdivision shall authorize the prosecutor to determine whether a particular defendant shall be diverted. (b) As used in this chapter, “pretrial diversion” means the procedure of postponing prosecution either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication. (Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.) - 1001.71. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. )
This chapter applies only when a case is before a court on an accusatory pleading alleging a parent or legal guardian violated Section 272 involving a minor child, and the defendant meets the listed record conditions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. ) ## 1001.71. This chapter shall apply whenever a case is before any court upon an accusatory pleading alleging a parent or legal guardian to have violated Section 272 with respect to his or her minor child, and all of the following apply to the defendant: (a) The defendant’s record does not indicate that probation or parole has ever been revoked without thereafter being completed. (b) The defendant’s record does not indicate that he or she has previously been diverted pursuant to this chapter. (Amended by Stats. 1989, Ch. 144, Sec. 2.) - 1001.72. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. )
If the defendant agrees and gives up the right to a speedy trial, the case goes to probation for a diversion investigation and report; certain defendant statements made during that process are not admissible.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. ) ## 1001.72. (a) If the defendant consents and waives his or her right to a speedy trial, the case shall be referred to the probation department. The probation department shall conduct an investigation as is necessary to determine whether the defendant qualifies for diversion under this chapter, and whether he or she is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which education, treatment, or rehabilitative plan would benefit the defendant. The probation department shall report its findings and recommendations to the court. If the recommendation includes referral to a community program, the report shall contain a statement regarding the program’s willingness to accept the defendant and the manner in which the services they offer can assist the defendant in completing the diversion program successfully. (b) No statement, or any information procured therefrom, made by the defendant to any probation officer, which is made during the course of any investigation conducted by the probation department pursuant to subdivision (a), and prior to the reporting of the probation department’s findings and recommendations to the court, shall be admissible in any action or proceeding brought subsequent to the investigation. No statement, or any information procured therefrom, with respect to the specific offense with which the defendant is charged which is made to any probation officer subsequent to the granting of diversion, shall be admissible in any action or proceeding. In the event that diversion is either denied or is subsequently revoked once it has been granted, neither the probation investigation nor statements or information divulged during that investigation shall be used in any pretrial sentencing procedures. (Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.) - 1001.73. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. )
The court must hold a hearing, consider the probation report and other relevant information, and decide whether the defendant consents to diversion and waives speedy trial rights.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. ) ## 1001.73. The court shall hold a hearing and, after consideration of the probation department’s report, and any other relevant information, shall determine if the defendant consents to further proceedings under this chapter and waives his or her right to a speedy trial. If the court orders a defendant to be diverted, the court 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 or her to pay all or part of the expense. The reasonable cost of diversion shall not exceed the amount determined to be the actual average cost of diversion services. If the court does not deem the defendant to be a person who would be benefited by diversion or if the defendant does not consent to participate, the proceedings shall continue as in any other case. At the time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing. The period during which the further criminal proceedings against the defendant may be diverted shall be for the length of time required to complete and verify the diversion program but in no case shall it exceed two years. (Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.) - 1001.74. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. )
If the divertee is performing unsatisfactorily, not benefiting from the program, or is convicted of certain offenses, the court must hold a hearing; if the divertee performed satisfactorily, the criminal charges must be dismissed.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. ) ## 1001.74. If it appears to the probation department that the divertee is performing unsatisfactorily in the assigned program, or that the divertee is not benefiting from education, treatment, or rehabilitation, or that the divertee is convicted of a misdemeanor in which force or violence was used, or if the divertee is convicted of a felony, after notice to the divertee, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the divertee is not performing satisfactorily in the assigned program, or that the divertee has been convicted of a crime as indicated above, the criminal case shall be referred back to the court for resumption of the criminal proceedings. If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed. (Added by Stats. 1988, Ch. 1256, Sec. 3. Effective September 26, 1988.) - 1001.75. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. )
After successful diversion, the arrest is treated as if it never happened, and the divertee has limited ability to deny the arrest except for peace officer applications and similar direct questions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9B. Parental Diversion [1001.70 - 1001.75] ( Chapter 2.9B added by Stats. 1988, Ch. 1256, Sec. 3. ) ## 1001.75. (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The divertee may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted for that offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that would result in the denial of any employment, benefit, license, or certificate. (b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (Amended by Stats. 1996, Ch. 743, Sec. 5. Effective January 1, 1997.) - 1001.8. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
Records filed with the Department of Justice must show the disposition of cases diverted under this chapter.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.8. Any record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter. (Added by Stats. 1982, Ch. 42, Sec. 2. Effective February 17, 1982.) - 1001.80. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9C. Military Diversion Program [1001.80- 1001.80.] ( Chapter 2.9C added by Stats. 2014, Ch. 658, Sec. 1. )
This section lets certain military defendants seek pretrial diversion for qualifying misdemeanor or felony cases, but excludes listed offenses and sets conditions for court review, treatment, reporting, dismissal, and possible firearm restrictions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9C. Military Diversion Program [1001.80- 1001.80.] ( Chapter 2.9C added by Stats. 2014, Ch. 658, Sec. 1. ) ## 1001.80. (a) This chapter shall apply to a case before a court on an accusatory pleading alleging the commission of a misdemeanor or felony offense not set forth in subdivision (o) to a defendant who is eligible based on the criteria set forth in this chapter. (b) A defendant charged with a misdemeanor is eligible for diversion if both of the following apply: (1) The defendant was, or currently is, a member of the United States military. (2) (A) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of their military service. (B) The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant. (c) A defendant charged with a felony offense not set forth in subdivision (o) is eligible if both of the following apply: (1) The defendant was, or currently is, a member of the United States military. (2) (A) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or a mental health problem as a result of their military service, and the defendant’s condition was a significant factor in the commission of the charged offense. (B) The court shall find that the defendant’s condition was a significant factor in the commission of the offense unless there is clear and convincing evidence that it was not a motivating factor, causal factor, or contributing factor to the defendant’s involvement in the alleged offense. (C) A court may consider any relevant and credible evidence, including, but not limited to, a police report, preliminary hearing transcript, witness statement, statement by the defendant’s mental health treatment provider, medical record, or record or report by qualified medical expert, that the defendant displayed symptoms consistent with the condition at or near the time of the offense. (D) The court may request, using existing resources, an assessment to aid in the determination that this paragraph applies to a defendant. (d) If the court determines that a defendant charged with an applicable offense under this chapter is a person described in subdivision (b) or (c), the court, with the consent of the defendant and a waiver of the defendant’s speedy trial right, may place the defendant in a pretrial diversion program as defined in subdivision (k). (e) If it appears to the court that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from the treatment and services provided under the diversion program, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant is not performing satisfactorily in the assigned program, or that the defendant is not benefiting from diversion, the court may end the diversion and order resumption of the criminal proceedings. If the defendant has performed satisfactorily during the period of diversion, at the end of the period of diversion, the criminal charges shall be dismissed. (f) If a referral is made to the county mental health authority as part of the pretrial diversion program, the county shall provide mental health treatment services only to the extent that resources are available for that purpose as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. If mental health treatment services are ordered by the court, the county mental health agency shall coordinate appropriate referral of the defendant to the county veterans service officer as described in paragraph (5) of subdivision (b) of Section 5600.3 of the Welfare and Institutions Code. The county mental health agency is not responsible for providing services outside its traditional scope of services. An order shall be made referring a defendant to a county mental health agency only if that agency has agreed to accept responsibility for all of the following: (1) The treatment of the defendant. (2) The coordination of appropriate referral to a county veterans service officer. (3) The filing of reports pursuant to subdivision (j). (g) When determining the requirements of a pretrial diversion program pursuant to this chapter, the court shall assess whether the defendant should be ordered to participate in a federal or community-based treatment service program with a demonstrated history of specializing in the treatment of mental health problems, including substance abuse, post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other related mental health problems. (h) The court, in making an order pursuant to this section to commit a defendant to an established treatment program, shall give preference to a treatment program that has a history of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service, including, but not limited to, programs operated by the United States Department of Defense or the United States Department of Veterans Affairs. (i) The court and the assigned treatment program may collaborate with the Department of Veterans Affairs and the United States Department of Veterans Affairs to maximize benefits and services provided to a veteran. (j) The period during which criminal proceedings against the defendant may be diverted shall be no longer than two years. The responsible agency or agencies shall file reports on the defendant’s progress in the diversion program with the court and with the prosecutor not less than every six months. (k) A record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred. The defendant may indicate in response to a question concerning their prior criminal record that they were not arrested or diverted for the offense, except as specified in subdivision (l). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the defendant’s consent, be used in a way that could result in the denial of any employment, benefit, license, or certificate. (l) The defendant shall be advised that, regardless of their successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request and that, notwithstanding subdivision (k), this section does not relieve them of the obligation to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer as defined in Section 830. (m) (1) As used in this chapter, “pretrial diversion” means the procedure of postponing prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication. (2) A pretrial diversion program shall utilize existing resources available to current or former members of the United States military to address and treat those suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service. (n) (1) Notwithstanding any other law, including Section 23640 of the Vehicle Code, an offense for which a defendant may be placed in a pretrial diversion program in accordance with this section includes a misdemeanor violation of Section 23152 or 23153 of the Vehicle Code, however, this section does not limit the authority of the Department of Motor Vehicles to take administrative action concerning the driving privileges of a person arrested for a violation of Section 23152 or 23153 of the Vehicle Code. (2) A defendant shall not be placed in a pretrial diversion program in accordance with this section for any offense related to driving under the influence other than those identified in paragraph (1). (o) A defendant may not be placed into a diversion program, pursuant to this section, for the following current charged offenses: (1) Murder or voluntary manslaughter. (2) An offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314. (3) Rape. (4) Lewd or lascivious act on a child under 14 years of age. (5) Assault with intent to commit rape, sodomy, or oral copulation in violation of Section 220. (6) Commission of rape or sexual penetration in concert with another person in violation of Section 264.1. (7) Continuous sexual abuse of a child in violation of Section 288.5. (8) A violation of subdivision (b) or (c) of Section 11418. (p) (1) The prosecution may request an order from the court that the defendant be prohibited from controlling, owning, purchasing, possessing, or receiving a firearm until they successfully complete diversion because they are a danger to themselves or others pursuant to subdivision (i) of Section 8103 of the Welfare and Institutions Code. (2) The prosecution shall bear the burden of proving, by clear and convincing evidence, both of the following are true: (A) The defendant poses a significant danger of causing personal injury to themselves or another by controlling, owning, purchasing, possessing, or receiving a firearm. (B) The prohibition is necessary to prevent personal injury to the defendant or another person because less restrictive alternatives either have been tried and found to be ineffective or are inadequate or inappropriate for the circumstances of the defendant. (3) (A) If the court finds that the prosecution has not met that burden, the court shall not order that the person is prohibited from controlling, owning, purchasing, possessing, or receiving a firearm. (B) If the court finds that the prosecution has met the burden, the court shall order that the person is prohibited, and shall inform the person that they are prohibited, from controlling, owning, purchasing, possessing, or receiving a firearm until they successfully complete diversion because they are a danger to themselves or others. (4) An order imposed pursuant to this subdivision shall be in effect until the defendant has successfully completed diversion or until their firearm rights are restored pursuant to paragraph (4) of subdivision (g) of Section 8103 of the Welfare and Institutions Code. (Amended by Stats. 2024, Ch. 924, Sec. 1. (SB 1025) Effective January 1, 2025.) - 1001.81. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9D. Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program [1001.81 - 1001.82] ( Chapter 2.9D added by Stats. 2022, Ch. 856, Sec. 5. )
Local prosecutors or county probation departments may create a theft diversion program, and if a county uses one, the prosecutor must route eligible cases through the required referral process and notice steps.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9D. Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program [1001.81 - 1001.82] ( Chapter 2.9D added by Stats. 2022, Ch. 856, Sec. 5. ) ## 1001.81. (a) The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses. The program may be conducted by the prosecuting attorney’s office or the county probation department. (b) Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute theft or repeat theft. (c) If a county creates a diversion or deferred entry of judgment program for individuals committing a theft offense or repeat theft offenses, on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors: (1) Any prefiling investigation report conducted by the county probation department or nonprofit contract agency operating the program that evaluates the individual’s risk and needs and the appropriateness of program placement. (2) If the person demonstrates a willingness to engage in community service, restitution, or other mechanisms to repair the harm caused by the criminal activity and address the underlying drivers of the criminal activity. (3) If a risk and needs assessment identifies underlying substance abuse or mental health needs or other drivers of criminal activity that can be addressed through the diversion or deferred entry of judgment program. (4) If the person has a violent or serious prior criminal record or has previously been referred to a diversion program and failed that program. (5) Any relevant information concerning the efficacy of the program in reducing the likelihood of participants committing future offenses. (d) On referral of a case to the program, a notice shall be provided, or forwarded by mail, to the person alleged to have committed the offense with both of the following: (1) The date by which the person must contact the diversion program or deferred entry of judgment program in the manner designated by the supervising agency. (2) A statement of the penalty for the offense or offenses with which that person has been charged. (e) The prosecuting attorney may enter into a written agreement with the person to refrain from, or defer, prosecution on the offense or offenses on the following conditions: (1) Completion of the program requirements such as community service or courses reasonably required by the prosecuting attorney. (2) Making adequate restitution or an appropriate substitute for restitution to the establishment or person from which property was stolen at the face value of the stolen property, if required by the program. (f) For the purposes of this section, “repeat theft offenses” means being cited or convicted for misdemeanor or felony theft from a store or from a vehicle two or more times in the previous 12 months and failing to appear in court when cited for these crimes or continuing to engage in these crimes after release or after conviction. (Amended by Stats. 2023, Ch. 131, Sec. 154. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2031, pursuant to Section 1001.82.) - 1001.82. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9D. Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program [1001.81 - 1001.82] ( Chapter 2.9D added by Stats. 2022, Ch. 856, Sec. 5. )
This chapter stays in effect until January 1, 2031, when it is repealed.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9D. Theft and Repeat Theft Crimes Diversion or Deferred Entry of Judgment Program [1001.81 - 1001.82] ( Chapter 2.9D added by Stats. 2022, Ch. 856, Sec. 5. ) ## 1001.82. This chapter shall remain in effect only until January 1, 2031, and as of that date is repealed. (Amended by Stats. 2024, Ch. 168, Sec. 7. (AB 2943) Effective January 1, 2025. Repealed as of January 1, 2031, by its own provisions. Note: Repeal affects Chapter 2.9D, commencing with Section 1001.81.) - 1001.83. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9E. Primary Caregiver Diversion [1001.83- 1001.83.] ( Chapter 2.9E added by Stats. 2019, Ch. 593, Sec. 1. )
This section lets the court set up a pretrial diversion program for primary caregivers and, if the defendant qualifies and complies, suspend and later dismiss the criminal case.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.9E. Primary Caregiver Diversion [1001.83- 1001.83.] ( Chapter 2.9E added by Stats. 2019, Ch. 593, Sec. 1. ) ## 1001.83. (a) The presiding judge of the superior court, or a judge designated by the presiding judge, in consultation with the presiding juvenile court judge and criminal court judges, and together with the prosecuting entity and the public defender or the contracted criminal defense office that provides the services of a public defender, may agree in writing to establish and conduct a pretrial diversion program for primary caregivers, pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for a period of not less than 6 months and not more than 24 months. If the defendant is also participating in juvenile court proceedings, the juvenile and criminal courts shall not duplicate efforts. (b) The program described in this section may include, but not be limited to, all of the following components: (1) Parenting classes. (2) Family and individual counseling. (3) Mental health screening, education, and treatment. (4) Family case management services. (5) Drug and alcohol treatment. (6) Domestic violence education and prevention. (7) Physical and sexual abuse counseling. (8) Anger management. (9) Vocational and educational services. (10) Job training and placement. (11) Affordable and safe housing assistance. (12) Financial literacy courses. (c) The defendant may be referred to supportive services and classes in already existing diversion programs and county outpatient services. Before approving a proposed treatment program, the court shall consider the request of the defense, the request of the prosecution, the needs of the defendant and the dependent child or children, and the interests of the community. The programming may be procured using public or private funds. A referral may be made to a county agency, existing collaborative court, or assisted outpatient treatment or services, if the entity agrees to provide the required programming. (d) On an accusatory pleading alleging the commission of a misdemeanor or felony offense, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant meets all of the following requirements: (1) The defendant is a custodial parent or legal guardian of a minor child under 18 years of age, presently resides in the same household as that child, presently provides care or financial support for that minor child either alone or with the assistance of other household members, and the defendant’s absence in the child’s life would be detrimental to the child. (2) The defendant has been advised of and waived the right to a speedy trial and a speedy preliminary hearing. (3) The defendant has been informed of and agrees to comply with the requirements of the program. (4) The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, or to the minor child in their custody, if allowed to remain in the community. The court may consider the positions of the prosecuting entity and defense counsel, the defendant’s violence and criminal history, the recency of the defendant’s criminal history, the defendant’s history of behavior towards minors, the risk of the dependent minor’s exposure to or involvement in criminal activity, the current charged offense, child welfare history involving the defendant, and any other factors that the court deems appropriate. (5) The defendant is not being placed into a diversion program, pursuant to this section, for any serious felony as described in Section 1192.7 or 1192.8 or violent felony as described in subdivision (c) of Section 667.5. (6) The defendant is not being placed into a diversion program pursuant to this section for a crime alleged to have been committed against a person for whom the defendant is the primary caregiver. (e) The provider of the pretrial diversion services in which the defendant has been placed shall provide regular reports to the court, the defense, and the prosecutor on the defendant’s progress in the programming. (f) (1) If it appears to the prosecuting attorney, the court, pretrial services, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or if the defendant is, subsequent to entering the program, convicted of a felony or any offense that reflects a propensity for violence, the prosecuting attorney or the probation department may make a motion to reinstate criminal proceedings. The court may also reinstate criminal proceedings on its own motion. (2) After notice to the defendant, the court shall hold a hearing to determine whether to reinstate criminal proceedings. (3) 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 paragraph (1), the court may end the diversion program and order the resumption of criminal proceedings. (g) If the defendant has performed satisfactorily in diversion, at the end of the period of diversion, the court shall dismiss the defendant’s criminal charges that were the subject of the criminal proceedings at the time of the initial diversion. A court may conclude that the defendant has performed satisfactorily if the defendant has substantially complied with the requirements of diversion, and has avoided significant new violations of law. If the court dismisses the charges, the clerk of the court shall file a record with the Department of Justice indicating the disposition of the case diverted pursuant to this section. Upon successful completion of diversion, if the court dismisses the charges, the arrest upon which the diversion was based shall be deemed never to have occurred, and the court shall order access to the record of the arrest restricted in accordance with Section 1001.9, except as specified in subdivision (i). The defendant who successfully completes diversion may indicate in response to any question concerning the defendant’s prior criminal record that they were not arrested or diverted for the offense, except as specified in subdivision (i). (h) A record pertaining to an arrest resulting in successful completion of diversion, or any record generated as a result of the defendant’s application for or participation in diversion, shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (i) The defendant shall be advised that, regardless of the defendant’s completion of diversion, both of the following apply: (1) The arrest upon which the diversion was based may be disclosed by the Department of Justice to any peace officer application request and that, notwithstanding subdivision (h), this section does not relieve the defendant of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (2) An order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. (Added by Stats. 2019, Ch. 593, Sec. 1. (SB 394) Effective January 1, 2020.) - 1001.85. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. )
This section establishes the LEAD pilot program and says participation must be voluntary.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. ) ## 1001.85. (a) The Law Enforcement Assisted Diversion (LEAD) pilot program is hereby established. The purpose of the LEAD program is to improve public safety and reduce recidivism by increasing the availability and use of social service resources while reducing costs to law enforcement agencies and courts stemming from repeated incarceration. (b) LEAD pilot programs shall be consistent with the following principles, implemented to address and reflect the priorities of the community in which the program exists: (1) Providing intensive case management services and an individually tailored intervention plan that acts as a blueprint for assisting LEAD participants. (2) Prioritizing temporary and permanent housing that includes individualized supportive services, without preconditions of drug or alcohol treatment or abstinence from drugs or alcohol. (3) Employing human and social service resources in coordination with law enforcement in a manner that improves individual outcomes and community safety, and promotes community wellness. (4) Participation in LEAD services shall be voluntary throughout the duration of the program and shall not require abstinence from drug or alcohol use as a condition of continued participation. (Added by Stats. 2016, Ch. 33, Sec. 17. (SB 843) Effective June 27, 2016.) - 1001.86. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. )
The Board of State and Community Corrections administers the LEAD program, awards competitive grants to up to three jurisdictions, and sets grant standards and procedures.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. ) ## 1001.86. (a) The LEAD program shall be administered by the Board of State and Community Corrections. (b) The board shall award grants, on a competitive basis, to up to three jurisdictions as authorized by this chapter. The board shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (1) Information from the applicant demonstrating a clear understanding of the program’s purpose and the applicant’s willingness and ability to implement the LEAD program as described in this chapter. (2) Key local partners who would be committed to, and involved in, the development and successful implementation of a LEAD program, including, but not limited to, balanced representation from law enforcement agencies, prosecutorial agencies, public defenders and defense counsel, public health and social services agencies, case management service providers, and any other entities identified by the applicant as integral to the successful implementation of a LEAD program in the jurisdiction. (3) The jurisdiction’s capacity and commitment to coordinate social services, law enforcement efforts, and justice system decisionmaking processes, and to work to ensure that the discretionary decisions made by each participant in the administration of the program operates in a manner consistent with the purposes of this chapter. (c) Successful grant applicants shall collect and maintain data pertaining to the effectiveness of the program as indicated by the board in the request for proposals. (Added by Stats. 2016, Ch. 33, Sec. 17. (SB 843) Effective June 27, 2016.) - 1001.87. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. )
This section sets rules for LEAD diversion referrals, participation, and timing, and limits filing charges after a successful intake interview.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. ) ## 1001.87. (a) LEAD programs funded pursuant to this chapter shall consist of a strategy of effective intervention for eligible participants consistent with the following gateways to services: (1) Prebooking referral. As an alternative to arrest, a law enforcement officer may take or refer a person for whom the officer has probable cause for arrest for any of the offenses in subdivision (b) to a case manager to be screened for immediate crisis services and to schedule a complete assessment intake interview. Participation in LEAD shall be voluntary, and the person may decline to participate in the program at any time. Criminal charges based on the conduct for which a person is diverted to LEAD shall not be filed, provided that the person finishes the complete assessment intake interview within a period set by the local jurisdictional partners, but not to exceed 30 days after the referral. (2) Social contact referral. A law enforcement officer may refer an individual to LEAD whom he or she believes is at high risk of arrest in the future for any of the crimes specified in subdivision (b), provided that the individual meets the criteria specified in this paragraph and expresses interest in voluntarily participating in the program. LEAD may accept these referrals if the program has capacity after responding to prebooking diversion referrals described in paragraph (1). All social contact referrals to LEAD shall meet the following criteria: (A) Verification by law enforcement that the individual has had prior involvement with low-level drug activity or prostitution. Verification shall consist of any of the following: (i) Criminal history records, including, but not limited to, prior police reports, arrests, jail bookings, criminal charges, or convictions indicating that he or she was engaged in low-level drug or prostitution activity. (ii) Law enforcement has directly observed the individual’s low-level drug or prostitution activity on prior occasions. (iii) Law enforcement has a reliable basis of information to believe that the individual is engaged in low-level drug or prostitution activity, including, but not limited to, information provided by another first responder, a professional, or a credible community member. (B) The individual’s prior involvement with low-level drug or prostitution activity occurred within the LEAD pilot program area. (C) The individual’s prior involvement with low-level drug or prostitution activity occurred within 24 months of the date of referral. (D) The individual does not have a pending case in drug court or mental health court. (E) The individual is not prohibited, by means of an existing no-contact order, temporary restraining order, or antiharassment order, from making contact with a current LEAD participant. (b) The following offenses are eligible for either prebooking diversion, social contact referral, or both: (1) Possession for sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (2) Sale or transfer of a controlled substance or other prohibited substance where the circumstances indicate that the sale or transfer is intended to provide a subsistence living or to allow the person to obtain or afford drugs for his or her own consumption. (3) Possession of a controlled substance or other prohibited substance. (4) Being under the influence of a controlled substance or other prohibited substance. (5) Being under the influence of alcohol and a controlled substance or other prohibited substance. (6) Prostitution pursuant to subdivision (b) of Section 647. (Amended by Stats. 2017, Ch. 561, Sec. 186. (AB 1516) Effective January 1, 2018.) - 1001.88. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. )
The board must hire a nonprofit research entity, university, or college to evaluate the LEAD program, and may also contract for technical assistance and use up to $550,000 for those contracts.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.92. Law Enforcement Assisted Diversion (LEAD) Pilot Program [1001.85 - 1001.88] ( Chapter 2.92 added by Stats. 2016, Ch. 33, Sec. 17. ) ## 1001.88. (a) Services provided pursuant to this chapter may include, but are not limited to, case management, housing, medical care, mental health care, treatment for alcohol or substance use disorders, nutritional counseling and treatment, psychological counseling, employment, employment training and education, civil legal services, and system navigation. Grant funding may be used to support any of the following: (1) Project management and community engagement. (2) Temporary services and treatment necessary to stabilize a participant’s condition, including necessary housing. (3) Outreach and direct service costs for services described in this section. (4) Civil legal services for LEAD participants. (5) Dedicated prosecutorial resources, including for coordinating any nondiverted criminal cases of LEAD participants. (6) Dedicated law enforcement resources, including for overtime required for participation in operational meetings and training. (7) Training and technical assistance from experts in the implementation of LEAD in other jurisdictions. (8) Collecting and maintaining the data necessary for program evaluation. (b) (1) The board shall contract with a nonprofit research entity, university, or college to evaluate the effectiveness of the LEAD program. The evaluation design shall include measures to assess the cost-benefit outcomes of LEAD programs compared to booking and prosecution, and may include evaluation elements such as comparing outcomes for LEAD participants to similarly situated offenders who are arrested and booked, the number of jail bookings, total number of jail days, the prison incarceration rate, subsequent felony and misdemeanor arrests or convictions, and costs to the criminal justice and court systems. Savings will be compared to costs of LEAD participation. By January 1, 2020, a report of the findings shall be submitted to the Governor and the Legislature pursuant to Section 9795 of the Government Code. (2) The requirement for submitting a report pursuant to this subdivision is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code. (c) The board may contract with experts in the implementation of LEAD in other jurisdictions for the purpose of providing technical assistance to participating jurisdictions. (d) The sum of fifteen million dollars ($15,000,000) is hereby appropriated from the General Fund for the LEAD pilot program authorized in this chapter. The board may spend up to five hundred fifty thousand dollars ($550,000) of the amount appropriated in this subdivision for the contracts authorized in subdivisions (b) and (c). (Added by Stats. 2016, Ch. 33, Sec. 17. (SB 843) Effective June 27, 2016.) - 1001.9. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. )
For diverted cases, DOJ records must show the disposition, the court may seal arrest records after successful completion, and the divertee may say they were not arrested or diverted except where subdivision (b) applies.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.7. Misdemeanor Diversion [1001 - 1001.9] ( Chapter 2.7 added by Stats. 1982, Ch. 42, Sec. 2. ) ## 1001.9. (a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred and the court may issue an order to seal the records pertaining to the arrest as described in Section 851.92. The divertee may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. (c) The divertee shall be advised that, regardless of the defendant’s successful completion of a deferred entry of judgment program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. (Amended by Stats. 2017, Ch. 680, Sec. 6. (SB 393) Effective January 1, 2018.) - 1001.90. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.95. Diversion Restitution Fee [1001.90- 1001.90.] ( Chapter 2.95 added by Stats. 1995, Ch. 313, Sec. 4. )
Courts must impose a diversion restitution fee in qualifying diverted felony or misdemeanor cases, with limited exceptions and a possible waiver for compelling and extraordinary reasons.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.95. Diversion Restitution Fee [1001.90- 1001.90.] ( Chapter 2.95 added by Stats. 1995, Ch. 313, Sec. 4. ) ## 1001.90. (a) For all persons charged with a felony or misdemeanor whose case is diverted by the court pursuant to this title, the court shall impose on the defendant a diversion restitution fee in addition to any other administrative fee provided or imposed under the law. This fee shall not be imposed upon persons whose case is diverted by the court pursuant to Chapter 2.8 (commencing with Section 1001.20). (b) The diversion restitution fee imposed pursuant to this section shall be set at the discretion of the court and shall be commensurate with the seriousness of the offense, but shall not be less than one hundred dollars ($100), and not more than one thousand dollars ($1,000). (c) The diversion restitution fee shall be ordered regardless of the defendant’s present ability to pay. However, if the court finds that there are compelling and extraordinary reasons, the court may waive imposition of the fee. When the waiver is granted, the court shall state on the record all reasons supporting the waiver. Except as provided in this subdivision, the court shall impose the separate and additional diversion restitution fee required by this section. (d) In setting the amount of the diversion restitution fee in excess of the one hundred dollar ($100) minimum, the court shall consider any relevant factors, including, but not limited to, the defendant’s ability to pay, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, and the extent to which any other person suffered any losses as a result of the crime. Those losses may include pecuniary losses to the victim or the victim’s dependents as well as intangible losses, such as psychological harm caused by the crime. Consideration of a defendant’s ability to pay may include the defendant’s future earning capacity. A defendant shall bear the burden of demonstrating the lack of the defendant’s ability to pay. Express findings by the court as to the factors bearing on the amount of the fee shall not be required. A separate hearing for the diversion restitution fee shall not be required. (e) The court shall not limit the ability of the state to enforce the fee imposed by this section in the manner of a judgment in a civil action. The court shall not modify the amount of this fee except to correct an error in the setting of the amount of the fee imposed. (f) The fee imposed pursuant to this section shall be immediately deposited in the Restitution Fund for use pursuant to Section 13967 of the Government Code. (g) As used in this section, “diversion” also means deferred entry of judgment pursuant to Chapter 2.5 (commencing with Section 1000). (h) This section shall become operative on January 1, 2022. (Repealed (in Sec. 17) and added by Stats. 2021, Ch. 257, Sec. 18. (AB 177) Effective September 23, 2021. Operative January 1, 2022, by its own provisions.) - 1001.95. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.96. Court Initiated Misdemeanor Diversion [1001.95 - 1001.97] ( Chapter 2.96 added by Stats. 2020, Ch. 334, Sec. 1. )
A judge may offer diversion in a misdemeanor case, continue it for up to 24 months, and must dismiss the case if the defendant completes the diversion terms.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.96. Court Initiated Misdemeanor Diversion [1001.95 - 1001.97] ( Chapter 2.96 added by Stats. 2020, Ch. 334, Sec. 1. ) ## 1001.95. (a) A judge in the superior court in which a misdemeanor is being prosecuted may, at the judge’s discretion, and over the objection of a prosecuting attorney, offer diversion to a defendant pursuant to these provisions. (b) A judge may continue a diverted case for a period not to exceed 24 months and order the defendant to comply with terms, conditions, or programs that the judge deems appropriate based on the defendant’s specific situation. (c) If the defendant has complied with the imposed terms and conditions, at the end of the period of diversion, the judge shall dismiss the action against the defendant. (d) If it appears to the court that the defendant is not complying with the terms and conditions of diversion, after notice to the defendant, the court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the court finds that the defendant has not complied with the terms and conditions of diversion, the court may end the diversion and order resumption of the criminal proceedings. (e) A defendant may not be offered diversion pursuant to this section for any of the following current charged offenses: (1) Any offense for which a person, if convicted, would be required to register pursuant to Section 290. (2) Any offense involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code. (3) A violation of Section 646.9. (Amended by Stats. 2022, Ch. 58, Sec. 6. (AB 200) Effective June 30, 2022.) - 1001.96. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.96. Court Initiated Misdemeanor Diversion [1001.95 - 1001.97] ( Chapter 2.96 added by Stats. 2020, Ch. 334, Sec. 1. )
A diverted defendant must complete the court’s ordered conditions, pay full restitution, and follow any applicable protective, stay-away, or firearm-possession order to get the case dismissed.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.96. Court Initiated Misdemeanor Diversion [1001.95 - 1001.97] ( Chapter 2.96 added by Stats. 2020, Ch. 334, Sec. 1. ) ## 1001.96. A defendant who is diverted pursuant to this chapter shall be required to complete all of the following in order to have their action dismissed: (a) Complete all conditions ordered by the court. (b) Make full restitution. However, a defendant’s inability to pay restitution due to indigence shall not be grounds for denial of diversion or a finding that the defendant has failed to comply with the terms of diversion. (c) Comply with a court-ordered protective order, stay-away order, or order prohibiting firearm possession, if applicable. (Added by Stats. 2020, Ch. 334, Sec. 1. (AB 3234) Effective January 1, 2021.) - 1001.97. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.96. Court Initiated Misdemeanor Diversion [1001.95 - 1001.97] ( Chapter 2.96 added by Stats. 2020, Ch. 334, Sec. 1. )
After successful completion of court-ordered diversion, the arrest is treated as if it never happened, the defendant may say they were not arrested, and arrest records cannot be used to deny employment, benefits, licenses, or certificates without the defendant’s consent.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 2.96. Court Initiated Misdemeanor Diversion [1001.95 - 1001.97] ( Chapter 2.96 added by Stats. 2020, Ch. 334, Sec. 1. ) ## 1001.97. (a) Upon successful completion of the terms, conditions, or programs ordered by the court pursuant to Section 1001.95, the arrest upon which diversion was imposed shall be deemed to have never occurred. The defendant may indicate in response to any question concerning their prior criminal record that they were not arrested. A record pertaining to an arrest resulting in successful completion of the terms, conditions, or programs ordered by the court shall not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. (b) The defendant shall be advised that, regardless of their successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request and that, notwithstanding subdivision (a), this section does not relieve them of the obligation to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Section 830. (Added by Stats. 2020, Ch. 334, Sec. 1. (AB 3234) Effective January 1, 2021.) - 1002. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
A defendant’s only pleading may be a demurrer or a plea.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1002. The only pleading on the part of the defendant is either a demurrer or a plea. (Enacted 1872.) - 1003. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
A defendant must put both the demurrer and the plea in open court, at arraignment or at another time allowed for that purpose.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1003. Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for that purpose. (Enacted 1872.) - 1004. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
A defendant may demur to an accusatory pleading before a plea is entered if certain defects appear on the face of the pleading.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1004. The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either: (a) If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, or, if any information or complaint that the court has no jurisdiction of the offense charged therein. (b) That it does not substantially conform to the provisions of Sections 950 and 952, and also Section 951 in case of an indictment or information. (c) That more than one offense is charged, except as provided in Section 954. (d) That the facts stated do not constitute a public offense. (e) That it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution. (f) That the statutory provision alleged in the accusatory pleading is constitutionally invalid. (Amended by Stats. 2023, Ch. 311, Sec. 7. (SB 883) Effective January 1, 2024.) - 1005. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
A demurrer must be written, signed by the defendant or counsel, and filed.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1005. The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the accusatory pleading or it must be disregarded. (Amended by Stats. 1951, Ch. 1674.) - 1006. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
When a demurrer is filed, the court must hear the objections immediately unless exceptional cause justifies a continuance.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1006. Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court shall grant a continuance. Such continuance shall be for no longer time than the ends of justice require, and the court shall enter in its minutes the facts requiring it. (Amended by Stats. 1927, Ch. 609.) - 1007. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
When a demurrer is considered, the court must rule on it and may allow amendment or new filing depending on the defect.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1007. Upon considering the demurrer, the court must make an order either overruling or sustaining it. If the demurrer to an indictment or information is overruled, the court must permit the defendant, at the defendant’s election, to plead, which the defendant must do forthwith, unless the court extends the time. If the demurrer is sustained, the court must, if the defect can be remedied by amendment, permit the indictment or information to be amended, either forthwith or within such time, not exceeding 10 days, as it may fix, or, if the defect or insufficiency therein cannot be remedied by amendment, the court may direct the filing of a new information or the submission of the case to the same or another grand jury. If the demurrer to a complaint is sustained, the court must, if the defect can be remedied, permit the filing of an amended complaint within such time not exceeding 10 days as it may fix. The orders made under this section shall be entered in the docket or minutes of the court. (Amended by Stats. 1998, Ch. 931, Sec. 382. Effective September 28, 1998.) - 1008. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
If a demurrer is sustained and no permitted amendment is made in time, the action must be dismissed, and the court must make the listed custody, bail, or refund orders unless Section 1010 provides otherwise.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1008. If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made or amended pleading is filed within the time fixed therefor, the action shall be dismissed, and, except as provided in Section 1010, the court must order, if the defendant is in custody, that he be discharged or if he has been admitted to bail, that his bail be exonerated, or, if money or other property has been deposited instead of bail for his appearance, that such money or other property be refunded to him or to the person or persons found by the court to have deposited such money or other property on his behalf. (Amended by Stats. 1951, Ch. 1674.) - 1009. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
This section lets prosecutors and the court amend certain criminal pleadings, but limits amendments that would change the charged offense or add a new one not supported by the required evidence or original complaint.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1009. An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without leave of court at any time before the defendant pleads or a demurrer to the original pleading is sustained. The court in which an action is pending may order or permit an amendment of an indictment, accusation or information, or the filing of an amended complaint, for any defect or insufficiency, at any stage of the proceedings, or if the defect in an indictment or information be one that cannot be remedied by amendment, may order the case submitted to the same or another grand jury, or a new information to be filed. The defendant shall be required to plead to such amendment or amended pleading forthwith, or, at the time fixed for pleading, if the defendant has not yet pleaded and the trial or other proceeding shall continue as if the pleading had been originally filed as amended, unless the substantial rights of the defendant would be prejudiced thereby, in which event a reasonable postponement, not longer than the ends of justice require, may be granted. An indictment or accusation cannot be amended so as to change the offense charged, nor an information so as to charge an offense not shown by the evidence taken at the preliminary examination. A complaint cannot be amended to charge an offense not attempted to be charged by the original complaint, except that separate counts may be added which might properly have been joined in the original complaint. The amended complaint must be verified but may be verified by some person other than the one who made oath to the original complaint. (Amended by Stats. 1998, Ch. 931, Sec. 383. Effective September 28, 1998.) - 1010. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
If a dismissed indictment or information is ordered resubmitted or refiled, the defendant stays in custody and the bail is not released.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1010. When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect or insufficiency of the indictment or information, if the court directs that the case be resubmitted to the same or another grand jury or that a new information be filed, the defendant shall not be discharged from custody, nor the defendant’s bail exonerated nor money or other property deposited instead of bail on the defendant’s behalf refunded, but the same proceedings must be had on such direction as are prescribed in Sections 997 and 998. (Amended by Stats. 1998, Ch. 931, Sec. 384. Effective September 28, 1998.) - 1012. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. )
Objections appearing on the face of an accusatory pleading must be raised by demurrer, or they are waived, except for jurisdiction objections and claims that the facts do not state a public offense, which may be raised by motion in arrest of judgment.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 3. Demurrer and Amendment [1002 - 1012] ( Heading of Chapter 3 amended by Stats. 1951, Ch. 1674. ) ## 1012. When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take it shall be deemed a waiver thereof, except that the objection to the jurisdiction of the court and the objection that the facts stated do not constitute a public offense may be taken by motion in arrest of judgment. (Amended by Stats. 1951, Ch. 1674.) - 1016. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
This section lists the available pleas in response to a criminal charge and sets rules for nolo contendere and insanity pleas.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1016. There are six kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction: 1. Guilty. 2. Not guilty. 3. Nolo contendere, subject to the approval of the court. The court shall ascertain whether the defendant completely understands that a plea of nolo contendere shall be considered the same as a plea of guilty and that, upon a plea of nolo contendere, the court shall find the defendant guilty. The legal effect of such a plea, to a crime punishable as a felony, shall be the same as that of a plea of guilty for all purposes. In cases other than those punishable as felonies, the plea and any admissions required by the court during any inquiry it makes as to the voluntariness of, and factual basis for, the plea may not be used against the defendant as an admission in any civil suit based upon or growing out of the act upon which the criminal prosecution is based. 4. A former judgment of conviction or acquittal of the offense charged. 5. Once in jeopardy. 6. Not guilty by reason of insanity. A defendant who does not plead guilty may enter one or more of the other pleas. A defendant who does not plead not guilty by reason of insanity shall be conclusively presumed to have been sane at the time of the commission of the offense charged; provided, that the court may for good cause shown allow a change of plea at any time before the commencement of the trial. A defendant who pleads not guilty by reason of insanity, without also pleading not guilty, thereby admits the commission of the offense charged. (Amended by Stats. 1998, Ch. 931, Sec. 385. Effective September 28, 1998.) - 1016.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
The Legislature states findings about defense counsel’s duty to advise noncitizen defendants about immigration consequences and says it intends to codify Padilla v. Kentucky and related California case law.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1016.2. The Legislature finds and declares all of the following: (a) In Padilla v. Kentucky, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires defense counsel to provide affirmative and competent advice to noncitizen defendants regarding the potential immigration consequences of their criminal cases. California courts also have held that defense counsel must investigate and advise regarding the immigration consequences of the available dispositions, and should, when consistent with the goals of and informed consent of the defendant, and as consistent with professional standards, defend against adverse immigration consequences (People v. Soriano, 194 Cal.App.3d 1470 (1987), People v. Barocio, 216 Cal.App.3d 99 (1989), People v. Bautista, 115 Cal.App.4th 229 (2004)). (b) In Padilla v. Kentucky, the United States Supreme Court sanctioned the consideration of immigration consequences by both parties in the plea negotiating process. The court stated that “informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.” (c) In Padilla v. Kentucky, the United States Supreme Court found that for noncitizens, deportation is an integral part of the penalty imposed for criminal convictions. Deportation may result from serious offenses or a single minor offense. It may be by far the most serious penalty flowing from the conviction. (d) With an accurate understanding of immigration consequences, many noncitizen defendants are able to plead to a conviction and sentence that satisfy the prosecution and court, but that have no, or fewer, adverse immigration consequences than the original charge. (e) Defendants who are misadvised or not advised at all of the immigration consequences of criminal charges often suffer irreparable damage to their current or potential lawful immigration status, resulting in penalties such as mandatory detention, deportation, and permanent separation from close family. In some cases, these consequences could have been avoided had counsel provided informed advice and attempted to defend against such consequences. (f) Once in removal proceedings, a noncitizen may be transferred to any of over 200 immigration detention facilities across the country. Many criminal offenses trigger mandatory detention, so that the person may not request bond. In immigration proceedings, there is no court-appointed right to counsel and as a result, the majority of detained immigrants go unrepresented. Immigration judges often lack the power to consider whether the person should remain in the United States in light of equitable factors such as serious hardship to United States citizen family members, length of time living in the United States, or rehabilitation. (g) The immigration consequences of criminal convictions have a particularly strong impact in California. One out of every four persons living in the state is foreign-born. One out of every two children lives in a household headed by at least one foreign-born person. The majority of these children are United States citizens. It is estimated that 50,000 parents of California United States citizen children were deported in a little over two years. Once a person is deported, especially after a criminal conviction, it is extremely unlikely that he or she ever is permitted to return. (h) It is the intent of the Legislature to codify Padilla v. Kentucky and related California case law and to encourage the growth of such case law in furtherance of justice and the findings and declarations of this section. (Added by Stats. 2015, Ch. 705, Sec. 1. (AB 1343) Effective January 1, 2016.) - 1016.3. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
Defense counsel must give accurate immigration-advice about a proposed plea or disposition and, with the defendant’s informed consent and consistent with professional standards, defend against immigration consequences. The prosecution must consider avoiding adverse immigration consequences in plea negotiations, and defendants cannot be required to disclose immigration status to the court.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1016.3. (a) Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional standards, defend against those consequences. (b) The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution. (c) This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court. (Added by Stats. 2015, Ch. 705, Sec. 2. (AB 1343) Effective January 1, 2016.) - 1016.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
Before accepting certain guilty or nolo contendere pleas, the court must give a verbatim immigration advisement on the record, and it must give extra time on request.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1016.5. (a) Prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall administer the following advisement verbatim on the record to the defendant: If you are not a citizen of the United States, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. (b) Upon request, the court shall allow the defendant additional time to consider the appropriateness of the plea in light of the advisement as described in this section. If, after January 1, 1978, the court fails to advise the defendant as required by this section and the defendant shows that conviction of the offense to which defendant pleaded guilty or nolo contendere may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty or nolo contendere, and enter a plea of not guilty. Absent a record that the court provided the advisement required by this section, the defendant shall be presumed not to have received the required advisement. (c) With respect to pleas accepted prior to January 1, 1978, it is not the intent of the Legislature that a court’s failure to provide the advisement required by subdivision (a) of Section 1016.5 should require the vacation of judgment and withdrawal of the plea or constitute grounds for finding a prior conviction invalid. Nothing in this section, however, shall be deemed to inhibit a court, in the sound exercise of its discretion, from vacating a judgment and permitting a defendant to withdraw a plea. (d) The Legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty or nolo contendere is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the Legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea or plea of nolo contendere be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is also the intent of the Legislature that the court in such cases shall grant the defendant a reasonable amount of time to negotiate with the prosecuting agency in the event the defendant or the defendant’s counsel was unaware of the possibility of deportation, exclusion from admission to the United States, or denial of naturalization as a result of conviction. It is further the intent of the Legislature that at the time of the plea no defendant shall be required to disclose their legal status to the court. (e) For a plea accepted prior to January 1, 2026, it is not the intent of the Legislature in amending this section that a court’s failure to provide a verbatim advisement as described in subdivision (a) requires the vacation of judgment and withdrawal of the plea or otherwise constitutes grounds for finding a prior conviction invalid pursuant to subdivision (b). However, this section does not inhibit a court in the exercise of its discretion, or as otherwise required by law, from vacating a judgment and permitting a defendant to withdraw a plea as otherwise authorized by law. (Amended by Stats. 2025, Ch. 666, Sec. 1. (SB 281) Effective January 1, 2026.) - 1016.7. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
During plea negotiations, the prosecutor must consider certain mitigating circumstances when they contributed to the alleged offense.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1016.7. (a) In the interest of justice, and in order to reach a just resolution during plea negotiations, the prosecutor shall consider during plea negotiations, among other factors, the following circumstances as factors in support of a mitigated sentence if any of the following were a contributing factor in the commission of the alleged offense: (1) The person has experienced psychological, physical, or childhood trauma, including, but not limited to, abuse, neglect, exploitation, or sexual violence. (2) The person is a youth, or was a youth at the time of the commission of the offense. (3) Prior to the instant offense, or during the commission of the offense, the person is or was a victim of intimate partner violence or human trafficking. (b) A “youth” for purposes of this section includes any person under 26 years of age on the date the offense was committed. (Added by Stats. 2021, Ch. 695, Sec. 4. (AB 124) Effective January 1, 2022.) - 1016.8. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
A plea bargain cannot require a defendant to broadly waive future benefits from later changes in the law if those changes may apply retroactively; such a provision is void.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1016.8. (a) The Legislature finds and declares all of the following: (1) The California Supreme Court held in Doe v. Harris (2013) 57 Cal.4th 64 that, as a general rule, plea agreements are deemed to incorporate the reserve power of the state to amend the law or enact additional laws for the public good and in pursuance of public policy. That the parties enter into a plea agreement does not have the effect of insulating them from changes in the law that the Legislature has intended to apply to them. (2) In Boykin v. Alabama (1969) 395 U.S. 238, the United States Supreme Court held that because of the significant constitutional rights at stake in entering a guilty plea, due process requires that a defendant’s guilty plea be knowing, intelligent, and voluntary. (3) Waiver is the voluntary, intelligent, and intentional relinquishment of a known right or privilege (Estelle v. Smith (1981) 451 U.S. 454, 471, fn. 16, quoting Johnson v. Zerbst (1938) 304 U.S. 458, 464). Waiver requires knowledge that the right exists (Taylor v. U.S. (1973) 414 U.S. 17, 19). (4) A plea bargain that requires a defendant to generally waive unknown future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may occur after the date of the plea is not knowing and intelligent. (b) A provision of a plea bargain that requires a defendant to generally waive future benefits of legislative enactments, initiatives, appellate decisions, or other changes in the law that may retroactively apply after the date of the plea is void as against public policy. (c) For purposes of this section, “plea bargain” has the same meaning as defined in subdivision (b) of Section 1192.7. (Added by Stats. 2019, Ch. 586, Sec. 1. (AB 1618) Effective January 1, 2020.) - 1017. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
Pleading must be made in open court; it may be oral or written, and guilty or nolo contendere pleas for misdemeanors or felonies must be oral or written.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1017. Every plea must be made in open court and, may be oral or in writing, shall be entered upon the minutes of the court, and shall be taken down in shorthand by the official reporter if one is present. All pleas of guilty or nolo contendere to misdemeanors or felonies shall be oral or in writing. The plea, whether oral or in writing, shall be in substantially the following form: 1. If the defendant plead guilty: “The defendant pleads that he or she is guilty of the offense charged.” 2. If he or she plead not guilty: “The defendant pleads that he or she is not guilty of the offense charged.” 3. If he or she plead a former conviction or acquittal: “The defendant pleads that he or she has already been convicted (or acquitted) of the offense charged, by the judgment of the court of ____ (naming it), rendered at ____ (naming the place), on the ____ day of ____.” 4. If he or she plead once in jeopardy: “The defendant pleads that he or she has been once in jeopardy for the offense charged (specifying the time, place, and court).” 5. If he or she plead not guilty by reason of insanity: “The defendant pleads that he or she is not guilty of the offense charged because he or she was insane at the time that he or she is alleged to have committed the unlawful act.” (Amended by Stats. 1990, Ch. 632, Sec. 2.) - 1018. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
This section requires most pleas to be entered or withdrawn by the defendant in open court, restricts certain guilty pleas without counsel, and allows plea withdrawal in some cases.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1018. Unless otherwise provided by law, every plea shall be entered or withdrawn by the defendant himself or herself in open court. No plea of guilty of a felony for which the maximum punishment is death, or life imprisonment without the possibility of parole, shall be received from a defendant who does not appear with counsel, nor shall that plea be received without the consent of the defendant’s counsel. No plea of guilty of a felony for which the maximum punishment is not death or life imprisonment without the possibility of parole shall be accepted from any defendant who does not appear with counsel unless the court shall first fully inform him or her of the right to counsel and unless the court shall find that the defendant understands the right to counsel and freely waives it, and then only if the defendant has expressly stated in open court, to the court, that he or she does not wish to be represented by counsel. On application of the defendant at any time before judgment or within six months after an order granting probation is made if entry of judgment is suspended, the court may, and in case of a defendant who appeared without counsel at the time of the plea the court shall, for a good cause shown, permit the plea of guilty to be withdrawn and a plea of not guilty substituted. Upon indictment or information against a corporation a plea of guilty may be put in by counsel. This section shall be liberally construed to effect these objects and to promote justice. (Amended by Stats. 1991, Ch. 421, Sec. 1.) - 1019. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
A plea of not guilty puts every material allegation in the accusatory pleading at issue, except allegations about the defendant’s previous convictions when Section 1025 requires an answer.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1019. The plea of not guilty puts in issue every material allegation of the accusatory pleading, except those allegations regarding previous convictions of the defendant to which an answer is required by Section 1025. (Amended by Stats. 1951, Ch. 1674.) - 102. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 2. Rescues [102- 102.] ( Chapter 2 enacted 1872. )
A person who willfully interferes with personal property held by an officer or other person under legal process commits a misdemeanor.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 2. Rescues [102- 102.] ( Chapter 2 enacted 1872. ) ## 102. Every person who willfully injures or destroys, or takes or attempts to take, or assists any person in taking or attempting to take, from the custody of any officer or person, any personal property which such officer or person has in charge under any process of law, is guilty of a misdemeanor. (Enacted 1872.) - 1020. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
Under a plea of not guilty, facts tending to establish a defense may be admitted as evidence, except for defenses covered by the fourth, fifth, and sixth subdivisions of Section 1016.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1020. All matters of fact tending to establish a defense other than one specified in the fourth, fifth, and sixth subdivisions of Section 1016, may be given in evidence under the plea of not guilty. (Amended by Stats. 1968, Ch. 122.) - 1021. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
A prior acquittal or dismissal for the specified reasons is not treated as an acquittal of the same offense.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1021. If the defendant was formerly acquitted on the ground of variance between the accusatory pleading and the proof or the accusatory pleading was dismissed upon an objection to its form or substance, or in order to hold the defendant for a higher offense, without a judgment of acquittal, it is not an acquittal of the same offense. (Amended by Stats. 1951, Ch. 1674.) - 1022. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
If a defendant is acquitted on the merits, that acquittal also covers the same offense, even if the accusatory pleading had form or substance defects.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1022. Whenever the defendant is acquitted on the merits, he is acquitted of the same offense, notwithstanding any defect in form or substance in the accusatory pleading on which the trial was had. (Amended by Stats. 1951, Ch. 1674.) - 1023. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
If a defendant has been convicted, acquitted, or once placed in jeopardy on an accusatory pleading, that pleading bars another prosecution for the charged offense and related lesser or attempted offenses.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1023. When the defendant is convicted or acquitted or has been once placed in jeopardy upon an accusatory pleading, the conviction, acquittal, or jeopardy is a bar to another prosecution for the offense charged in such accusatory pleading, or for an attempt to commit the same, or for an offense necessarily included therein, of which he might have been convicted under that accusatory pleading. (Amended by Stats. 1951, Ch. 1674.) - 1024. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
If the defendant refuses to answer the accusatory pleading by demurrer or plea, a plea of not guilty must be entered.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1024. If the defendant refuses to answer the accusatory pleading, by demurrer or plea, a plea of not guilty must be entered. (Amended by Stats. 1951, Ch. 1674.) - 1025. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
If a defendant is charged with a prior conviction and pleads guilty or not guilty, the court must ask about the prior conviction and record the answer. Some issues are tried by a jury or the court, and the prior-conviction charge is generally not read or mentioned at trial in one situation.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1025. (a) When a defendant who is charged in the accusatory pleading with having suffered a prior conviction pleads either guilty or not guilty of the offense charged against him or her, he or she shall be asked whether he or she has suffered the prior conviction. If the defendant enters an admission, his or her answer shall be entered in the minutes of the court, and shall, unless withdrawn by consent of the court, be conclusive of the fact of his or her having suffered the prior conviction in all subsequent proceedings. If the defendant enters a denial, his or her answer shall be entered in the minutes of the court. The refusal of the defendant to answer is equivalent to a denial that he or she has suffered the prior conviction. (b) Except as provided in subdivision (c), the question of whether or not the defendant has suffered the prior conviction shall be tried by the jury that tries the issue upon the plea of not guilty, or in the case of a plea of guilty or nolo contendere, by a jury impaneled for that purpose, or by the court if a jury is waived. (c) Notwithstanding the provisions of subdivision (b), the question of whether the defendant is the person who has suffered the prior conviction shall be tried by the court without a jury. (d) Subdivision (c) shall not apply to prior convictions alleged pursuant to Section 190.2 or to prior convictions alleged as an element of a charged offense. (e) If the defendant pleads not guilty, and answers that he or she has suffered the prior conviction, the charge of the prior conviction shall neither be read to the jury nor alluded to during trial, except as otherwise provided by law. (f) Nothing in this section alters existing law regarding the use of prior convictions at trial. (Amended by Stats. 1997, Ch. 95, Sec. 1. Effective January 1, 1998.) - 1026. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
This section sets the procedure when a defendant pleads not guilty by reason of insanity, including separate sanity determinations, possible commitment or outpatient status, transfer, notice, and release rules.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026. (a) If a defendant pleads not guilty by reason of insanity, and also joins with it another plea or pleas, the defendant shall first be tried as if only the other plea or pleas had been entered, and in that trial the defendant shall be conclusively presumed to have been sane at the time the offense is alleged to have been committed. If the jury finds the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried, either before the same jury or before a new jury in the discretion of the court. In that trial, the jury shall return a verdict either that the defendant was sane at the time the offense was committed or was insane at the time the offense was committed. If the verdict or finding is that the defendant was sane at the time the offense was committed, the court shall sentence the defendant as provided by law. If the verdict or finding is that the defendant was insane at the time the offense was committed, the court, unless it appears to the court that the sanity of the defendant has been recovered fully, shall direct that the defendant be committed to the State Department of State Hospitals for the care and treatment of persons with mental health disorders or any other appropriate public or private treatment facility approved by the community program director, or the court may order the defendant placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2. (b) Prior to making the order directing that the defendant be committed to the State Department of State Hospitals or other treatment facility or placed on outpatient status, the court shall order the community program director or a designee to evaluate the defendant and to submit to the court within 15 judicial days of the order a written recommendation as to whether the defendant should be placed on outpatient status or committed to the State Department of State Hospitals or other treatment facility. A person shall not be admitted to a state hospital or other treatment facility or placed on outpatient status under this section without having been evaluated by the community program director or a designee. If, however, it appears to the court that the sanity of the defendant has been recovered fully, the defendant shall be remanded to the custody of the sheriff until the issue of sanity has been finally determined in the manner prescribed by law. A defendant committed to a state hospital or other treatment facility or placed on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 shall not be released from confinement, parole, or outpatient status unless and until the court that committed the person, after notice and hearing, finds and determines that the person’s sanity has been restored, or meets the criteria for release pursuant to Section 4146 of the Welfare and Institutions Code. This section does not prohibit the transfer of the patient from one state hospital to any other state hospital by proper authority. This section does not prohibit the transfer of the patient to a hospital in another state in the manner provided in Section 4119 of the Welfare and Institutions Code. (c) If the defendant is committed or transferred to the State Department of State Hospitals pursuant to this section, the court may, upon receiving the written recommendation of the medical director of the state hospital and the community program director, or their designee, or, pursuant to Section 4360.5 of the Welfare and Institutions Code, the recommendation of the independent evaluation panel, that the defendant be transferred to a public or private treatment facility approved by the community program director or their designee, or, pursuant to Section 4360.5 of the Welfare and Institutions Code, the independent evaluation panel, order the defendant transferred to that facility. If the defendant is committed or transferred to a public or private treatment facility approved by the community program director, the court may, upon receiving the written recommendation of the community program director, order the defendant transferred to the State Department of State Hospitals or to another public or private treatment facility approved by the community program director. If either the defendant or the prosecuting attorney chooses to contest either kind of order of transfer, a petition may be filed in the court requesting a hearing, which shall be held if the court determines that sufficient grounds exist. At that hearing, the prosecuting attorney or the defendant may present evidence bearing on the order of transfer. The court shall use the same procedures and standards of proof as used in conducting probation revocation hearings pursuant to Section 1203.2. (d) Prior to making an order for transfer under this section, the court shall notify the defendant, the attorney of record for the defendant, the prosecuting attorney, and the community program director or a designee. (e) If the court, after considering the placement recommendation of the community program director or independent evaluation panel required in subdivision (b), orders that the defendant be committed to the State Department of State Hospitals or other public or private treatment facility, the court shall provide copies of the following documents prior to the admission of the defendant to the State Department of State Hospitals or other treatment facility where the defendant is to be committed: (1) The commitment order, including a specification of the charges. (2) A computation or statement setting forth the maximum term of commitment in accordance with Section 1026.5. (3) A computation or statement setting forth the amount of credit for time served, if any, to be deducted from the maximum term of commitment. (4) State summary criminal history information. (5) Any arrest reports prepared by the police department or other law enforcement agency. (6) Any court-ordered psychiatric examination or evaluation reports. (7) The community program director’s placement recommendation report. (8) Any medical records. (f) If the defendant is confined in a state hospital or other treatment facility as an inpatient, the medical director of the facility shall, at 12-month intervals, submit a report in writing to the court and the community program director of the county of commitment, or a designee, setting forth the status and progress of the defendant. The court shall transmit copies of these reports to the prosecutor and defense counsel. (g) For purposes of this section and Sections 1026.1 to 1026.6, inclusive, “community program director” means the person, agency, or entity designated by the State Department of State Hospitals pursuant to Section 1605 of this code and Section 4360 of the Welfare and Institutions Code. (Amended by Stats. 2025, Ch. 21, Sec. 48. (AB 116) Effective June 30, 2025.) - 1026.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
A person committed to a state hospital or other treatment facility under Section 1026 may be released only in the listed circumstances.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026.1. A person committed to a state hospital or other treatment facility under the provisions of Section 1026 shall be released from the state hospital or other treatment facility only under one or more of the following circumstances: (a) Pursuant to the provisions of Section 1026.2. (b) Upon expiration of the maximum term of commitment as provided in subdivision (a) of Section 1026.5, except as such term may be extended under the provisions of subdivision (b) of Section 1026.5. (c) As otherwise expressly provided in Title 15 (commencing with Section 1600) of Part 2. (Amended by Stats. 1984, Ch. 1488, Sec. 2.) - 1026.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
This section sets procedures for seeking release after a sanity commitment, including notices, treatment summaries, hearings, placement rules, and waiting periods.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026.2. (a) An application for the release of a person who has been committed to a state hospital or other treatment facility, as provided in Section 1026, upon the ground that sanity has been restored, may be made to the superior court of the county from which the commitment was made, either by the person, or by the medical director of the state hospital or other treatment facility to which the person is committed or by the community program director where the person is on outpatient status under Title 15 (commencing with Section 1600). The court shall give notice of the hearing date to the prosecuting attorney, the community program director or a designee, and the medical director or person in charge of the facility providing treatment to the committed person at least 15 judicial days in advance of the hearing date. (b) Pending the hearing, the medical director or person in charge of the facility in which the person is confined shall prepare a summary of the person’s programs of treatment and shall forward the summary to the community program director or a designee and to the court. The community program director or a designee shall review the summary and shall designate a facility within a reasonable distance from the court in which the person may be detained pending the hearing on the application for release. The facility so designated shall continue the program of treatment, shall provide adequate security, and shall, to the greatest extent possible, minimize interference with the person’s program of treatment. (c) A designated facility need not be approved for 72-hour treatment and evaluation pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). However, a county jail may not be designated unless the services specified in subdivision (b) are provided and accommodations are provided which ensure both the safety of the person and the safety of the general population of the jail. If there is evidence that the treatment program is not being complied with or accommodations have not been provided which ensure both the safety of the committed person and the safety of the general population of the jail, the court shall order the person transferred to an appropriate facility or make any other appropriate order, including continuance of the proceedings. (d) No hearing upon the application shall be allowed until the person committed has been confined or placed on outpatient status for a period of not less than 180 days from the date of the order of commitment. (e) The court shall hold a hearing to determine whether the person applying for restoration of sanity would be a danger to the health and safety of others, due to mental defect, disease, or disorder, if under supervision and treatment in the community. If the court at the hearing determines the applicant will not be a danger to the health and safety of others, due to mental defect, disease, or disorder, while under supervision and treatment in the community, the court shall order the applicant placed with an appropriate forensic conditional release program for one year. All or a substantial portion of the program shall include outpatient supervision and treatment. The court shall retain jurisdiction. The court at the end of the one year, shall have a trial to determine if sanity has been restored, which means the applicant is no longer a danger to the health and safety of others, due to mental defect, disease, or disorder. The court shall not determine whether the applicant has been restored to sanity until the applicant has completed the one year in the appropriate forensic conditional release program, unless the community program director sooner makes a recommendation for restoration of sanity and unconditional release as described in subdivision (h). The court shall notify the persons required to be notified in subdivision (a) of the hearing date. (f) If the applicant is on parole or outpatient status and has been on it for one year or longer, then it is deemed that the applicant has completed the required one year in an appropriate forensic conditional release program and the court shall, if all other applicable provisions of law have been met, hold the trial on restoration of sanity as provided for in this section. (g) Before placing an applicant in an appropriate forensic conditional release program, the community program director or their designee, or, pursuant to Section 4360.5 of the Welfare and Institutions Code, the independent evaluation panel, shall submit to the court a written recommendation as to what forensic conditional release program is the most appropriate for supervising and treating the applicant. If the court does not accept the recommendation of the community program director or panel, the court shall specify the reason or reasons for its order on the court record. Sections 1605 to 1610, inclusive, shall be applicable to the person placed in the forensic conditional release program unless otherwise ordered by the court. (h) (1) If the court determines that the person should be transferred to an appropriate forensic conditional release program, the community program director or a designee shall make the necessary placement arrangements, and, within 21 days after receiving notice of the court finding, the person shall be placed in the community in accordance with the treatment and supervision plan, unless good cause for not doing so is made known to the court. (2) During the one year of supervision and treatment, if the community program director is of the opinion that the person is no longer a danger to the health and safety of others due to a mental defect, disease, or disorder, the community program director shall submit a report of their opinion and recommendations to the committing court, the prosecuting attorney, and the attorney for the person. The court shall then set and hold a trial to determine whether restoration of sanity and unconditional release should be granted. The trial shall be conducted in the same manner as is required at the end of one full year of supervision and treatment. (i) If at the trial for restoration of sanity the court rules adversely to the applicant, the court may place the applicant on outpatient status, pursuant to Title 15 (commencing with Section 1600) of Part 2, unless the applicant does not meet all of the requirements of Section 1603. (j) If the court denies the application to place the person in an appropriate forensic conditional release program or if restoration of sanity is denied, no new application may be filed by the person until one year has elapsed from the date of the denial. (k) In any hearing authorized by this section, the applicant shall have the burden of proof by a preponderance of the evidence. (l) If the application for the release is not made by the medical director of the state hospital or other treatment facility to which the person is committed or by the community program director where the person is on outpatient status under Title 15 (commencing with Section 1600), no action on the application shall be taken by the court without first obtaining the written recommendation of the medical director of the state hospital or other treatment facility or of the community program director where the person is on outpatient status under Title 15 (commencing with Section 1600). (m) This subdivision shall apply only to persons who, at the time of the petition or recommendation for restoration of sanity, are subject to a term of imprisonment with prison time remaining to serve or are subject to the imposition of a previously stayed sentence to a term of imprisonment. Any person to whom this subdivision applies who petitions or is recommended for restoration of sanity may not be placed in a forensic conditional release program for one year, and a finding of restoration of sanity may be made without the person being in a forensic conditional release program for one year. If a finding of restoration of sanity is made, the person shall be transferred to the custody of the California Department of Corrections to serve the term of imprisonment remaining or shall be transferred to the appropriate court for imposition of the sentence that is pending, whichever is applicable. (Amended by Stats. 2022, Ch. 47, Sec. 40. (SB 184) Effective June 30, 2022.) - 1026.3. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
Certain committed persons may be placed on outpatient status.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026.3. A person committed to a state hospital or other treatment facility under Section 1026, and a person placed pursuant to subdivision (e) of Section 1026.2 as amended by Section 3.5 of Chapter 1488 of the Statutes of 1984, may be placed on outpatient status from the commitment as provided in Title 15 (commencing with Section 1600) of Part 2. (Amended by Stats. 1985, Ch. 260, Sec. 2.) - 1026.4. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
A committed person who escapes from a state hospital or other mental health facility, or while being transported, can be imprisoned, and the facility’s medical director or person in charge must promptly notify police or the sheriff and report the escape to the court, prosecutor, and Department of Justice within 48 hours.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026.4. (a) Every person committed to a state hospital or other public or private mental health facility pursuant to the provisions of Section 1026, who escapes from or who escapes while being conveyed to or from the state hospital or facility, is punishable by imprisonment in the county jail not to exceed one year or in a state prison for a determinate term of one year and one day. The term of imprisonment imposed pursuant to this section shall be served consecutively to any other sentence or commitment. (b) The medical director or person in charge of a state hospital or other public or private mental health facility to which a person has been committed pursuant to the provisions of Section 1026 shall promptly notify the chief of police of the city in which the hospital or facility is located, or the sheriff of the county if the hospital or facility is located in an unincorporated area, of the escape of the person, and shall request the assistance of the chief of police or sheriff in apprehending the person, and shall within 48 hours of the escape of the person orally notify the court that made the commitment, the prosecutor in the case, and the Department of Justice of the escape. (Amended by Stats. 1989, Ch. 568, Sec. 1.) - 1026.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
This section sets maximum commitment terms for certain persons in treatment custody, requires the court or Board of Prison Terms to determine and record those terms, and provides a procedure for extended commitment with notice, hearing, and recommitment.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026.5. (a) (1) In the case of any person committed to a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient status pursuant to Section 1604, who committed a felony on or after July 1, 1977, the court shall state in the commitment order the maximum term of commitment, and the person may not be kept in actual custody longer than the maximum term of commitment, except as provided in this section. For the purposes of this section, “maximum term of commitment” shall mean the longest term of imprisonment which could have been imposed for the offense or offenses of which the person was convicted, including the upper term of the base offense and any additional terms for enhancements and consecutive sentences which could have been imposed less any applicable credits as defined by Section 2900.5, and disregarding any credits which could have been earned pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3. (2) In the case of a person confined in a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient status pursuant to Section 1604, who committed a felony prior to July 1, 1977, and who could have been sentenced under Section 1168 or 1170 if the offense was committed after July 1, 1977, the Board of Prison Terms shall determine the maximum term of commitment which could have been imposed under paragraph (1), and the person may not be kept in actual custody longer than the maximum term of commitment, except as provided in subdivision (b). The time limits of this section are not jurisdictional. In fixing a term under this section, the board shall utilize the upper term of imprisonment which could have been imposed for the offense or offenses of which the person was convicted, increased by any additional terms which could have been imposed based on matters which were found to be true in the committing court. However, if at least two of the members of the board after reviewing the person’s file determine that a longer term should be imposed for the reasons specified in Section 1170.2, a longer term may be imposed following the procedures and guidelines set forth in Section 1170.2, except that any hearings deemed necessary by the board shall be held within 90 days of September 28, 1979. Within 90 days of the date the person is received by the state hospital or other treatment facility, or of September 28, 1979, whichever is later, the Board of Prison Terms shall provide each person with the determination of the person’s maximum term of commitment or shall notify the person that a hearing will be scheduled to determine the term. Within 20 days following the determination of the maximum term of commitment the board shall provide the person, the prosecuting attorney, the committing court, and the state hospital or other treatment facility with a written statement setting forth the maximum term of commitment, the calculations, and any materials considered in determining the maximum term. (3) In the case of a person committed to a state hospital or other treatment facility pursuant to Section 1026 or placed on outpatient status pursuant to Section 1604 who committed a misdemeanor, the maximum term of commitment shall be the longest term of county jail confinement which could have been imposed for the offense or offenses which the person was found to have committed, and the person may not be kept in actual custody longer than this maximum term. (4) Nothing in this subdivision limits the power of any state hospital or other treatment facility or of the committing court to release the person, conditionally or otherwise, for any period of time allowed by any other provision of law. (b) (1) A person may be committed beyond the term prescribed by subdivision (a) only under the procedure set forth in this subdivision and only if the person has been committed under Section 1026 for a felony and by reason of a mental disease, defect, or disorder represents a substantial danger of physical harm to others. (2) Not later than 180 days prior to the termination of the maximum term of commitment prescribed in subdivision (a), the medical director of a state hospital in which the person is being treated, or the medical director of the person’s treatment facility or the local program director, if the person is being treated outside a state hospital setting, shall submit to the prosecuting attorney his or her opinion as to whether or not the patient is a person described in paragraph (1). If requested by the prosecuting attorney, the opinion shall be accompanied by supporting evaluations and relevant hospital records. The prosecuting attorney may then file a petition for extended commitment in the superior court which issued the original commitment. The petition shall be filed no later than 90 days before the expiration of the original commitment unless good cause is shown. The petition shall state the reasons for the extended commitment, with accompanying affidavits specifying the factual basis for believing that the person meets each of the requirements set forth in paragraph (1). (3) When the petition is filed, the court shall advise the person named in the petition of the right to be represented by an attorney and of the right to a jury trial. The rules of discovery in criminal cases shall apply. If the person is being treated in a state hospital when the petition is filed, the court shall notify the community program director of the petition and the hearing date. (4) The court shall conduct a hearing on the petition for extended commitment. The trial shall be by jury unless waived by both the person and the prosecuting attorney. The trial shall commence no later than 30 calendar days prior to the time the person would otherwise have been released, unless that time is waived by the person or unless good cause is shown. (5) Pending the hearing, the medical director or person in charge of the facility in which the person is confined shall prepare a summary of the person’s programs of treatment and shall forward the summary to the community program director or a designee, and to the court. The community program director or a designee shall review the summary and shall designate a facility within a reasonable distance from the court in which the person may be detained pending the hearing on the petition for extended commitment. The facility so designated shall continue the program of treatment, shall provide adequate security, and shall, to the greatest extent possible, minimize interference with the person’s program of treatment. (6) A designated facility need not be approved for 72-hour treatment and evaluation pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code). However, a county jail may not be designated unless the services specified in paragraph (5) are provided and accommodations are provided which ensure both the safety of the person and the safety of the general population of the jail. If there is evidence that the treatment program is not being complied with or accommodations have not been provided which ensure both the safety of the committed person and the safety of the general population of the jail, the court shall order the person transferred to an appropriate facility or make any other appropriate order, including continuance of the proceedings. (7) The person shall be entitled to the rights guaranteed under the federal and State Constitutions for criminal proceedings. All proceedings shall be in accordance with applicable constitutional guarantees. The state shall be represented by the district attorney who shall notify the Attorney General in writing that a case has been referred under this section. If the person is indigent, the county public defender or State Public Defender shall be appointed. The State Public Defender may provide for representation of the person in any manner authorized by Section 15402 of the Government Code. Appointment of necessary psychologists or psychiatrists shall be made in accordance with this article and Penal Code and Evidence Code provisions applicable to criminal defendants who have entered pleas of not guilty by reason of insanity. (8) If the court or jury finds that the patient is a person described in paragraph (1), the court shall order the patient recommitted to the facility in which the patient was confined at the time the petition was filed. This commitment shall be for an additional period of two years from the date of termination of the previous commitment, and the person may not be kept in actual custody longer than two years unless another extension of commitment is obtained in accordance with the provisions of this subdivision. Time spent on outpatient status, except when placed in a locked facility at the direction of the outpatient supervisor, shall not count as actual custody and shall not be credited toward the person’s maximum term of commitment or toward the person’s term of extended commitment. (9) A person committed under this subdivision shall be eligible for release to outpatient status pursuant to the provisions of Title 15 (commencing with Section 1600) of Part 2. (10) Prior to termination of a commitment under this subdivision, a petition for recommitment may be filed to determine whether the patient remains a person described in paragraph (1). The recommitment proceeding shall be conducted in accordance with the provisions of this subdivision. (11) Any commitment under this subdivision places an affirmative obligation on the treatment facility to provide treatment for the underlying causes of the person’s mental disorder. (Amended by Stats. 1994, 1st Ex. Sess., Ch. 9, Sec. 1. Effective November 30, 1994.) - 1026.6. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
When a person committed to a state hospital under Section 1026 is released, the hospital director must notify the county community program director and the local chief law enforcement officer, if the residence information is available.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1026.6. Whenever any person who has been committed to a state hospital pursuant to Section 1026 is released for any reason, including placement on outpatient status, the director of the hospital shall notify the community program director of the county, and the chief law enforcement officer of the jurisdiction, in which the person will reside upon release, if that information is available. (Amended by Stats. 1985, Ch. 1232, Sec. 4. Effective September 30, 1985. Note: This text was suspended from Jan. 1, 1987, until Jan. 1, 1989, during operation of the temporary amendment by Stats. 1986, Ch. 64.) - 1027. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. )
If a defendant pleads not guilty by reason of insanity, the court must appoint qualified psychiatrists or licensed psychologists to examine the defendant and investigate mental status, and those experts must testify when summoned.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 4. Plea [1016 - 1027] ( Chapter 4 enacted 1872. ) ## 1027. (a) When a defendant pleads not guilty by reason of insanity the court shall select and appoint two, and may select and appoint three, psychiatrists, or licensed psychologists who have a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, to examine the defendant and investigate his or her mental status. It is the duty of the psychiatrists or psychologists selected and appointed to make the examination and investigation, and to testify, whenever summoned, in any proceeding in which the sanity of the defendant is in question. The psychiatrists or psychologists appointed by the court shall be allowed, in addition to their actual traveling expenses, those fees that in the discretion of the court seem just and reasonable, having regard to the services rendered by the witnesses. The fees allowed shall be paid by the county where the indictment was found or in which the defendant was held for trial. (b) Any report on the examination and investigation made pursuant to subdivision (a) shall include, but not be limited to, the psychological history of the defendant, the facts surrounding the commission of the acts forming the basis for the present charge used by the psychiatrist or psychologist in making his or her examination of the defendant, the present psychological or psychiatric symptoms of the defendant, if any, the substance abuse history of the defendant, the substance use history of the defendant on the day of the offense, a review of the police report for the offense, and any other credible and relevant material reasonably necessary to describe the facts of the offense. (c) This section does not presume that a psychiatrist or psychologist can determine whether a defendant was sane or insane at the time of the alleged offense. This section does not limit a court’s discretion to admit or exclude, pursuant to the Evidence Code, psychiatric or psychological evidence about the defendant’s state of mind or mental or emotional condition at the time of the alleged offense. (d) Nothing contained in this section shall be deemed or construed to prevent any party to any criminal action from producing any other expert evidence with respect to the mental status of the defendant. If expert witnesses are called by the district attorney in the action, they shall only be entitled to those witness fees as may be allowed by the court. (e) Any psychiatrist or psychologist appointed by the court may be called by either party to the action or by the court, and shall be subject to all legal objections as to competency and bias and as to qualifications as an expert. When called by the court or by either party to the action, the court may examine the psychiatrist or psychologist, as deemed necessary, but either party shall have the same right to object to the questions asked by the court and the evidence adduced as though the psychiatrist or psychologist were a witness for the adverse party. When the psychiatrist or psychologist is called and examined by the court, the parties may cross-examine him or her in the order directed by the court. When called by either party to the action, the adverse party may examine him or her the same as in the case of any other witness called by the party. (Amended by Stats. 2012, Ch. 150, Sec. 1. (SB 1281) Effective January 1, 2013.) - 1029. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 5. Transmission of Certain Indictments and Information [1029- 1029.] ( Heading of Chapter 5 amended by Stats. 1979, Ch. 373. )
If a superior court indictment or information is filed against a judge, the clerk must send a certificate to the chairman of the Judicial Council, and the chairman must assign another county’s superior court judge to handle the case.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 5. Transmission of Certain Indictments and Information [1029- 1029.] ( Heading of Chapter 5 amended by Stats. 1979, Ch. 373. ) ## 1029. When an indictment is found or an information filed in the superior court against a judge thereof, a certificate of that fact must be transmitted by the clerk to the chairman of the Judicial Council, who shall thereupon designate and assign a judge of the superior court of another county to preside at the trial of such indictment or information, and hear and determine all pleas and motions affecting the defendant thereunder before and after judgment. (Amended by Stats. 1935, Ch. 573.) - 1033. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
The court must order a change of venue in a criminal action pending in superior court when the stated conditions are met.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1033. In a criminal action pending in the superior court, the court shall order a change of venue: (a) On motion of the defendant, to another county when it appears that there is a reasonable likelihood that a fair and impartial trial cannot be had in the county. When a change of venue is ordered by the superior court, it shall be for the trial itself. All proceedings before trial shall occur in the county of original venue, except when it is evident that a particular proceeding must be heard by the judge who is to preside over the trial. (b) On its own motion or on motion of any party, to an adjoining county when it appears as a result of the exhaustion of all of the jury panels called that it will be impossible to secure a jury to try the cause in the county. (Amended by Stats. 1983, Ch. 562, Sec. 1.) - 1033.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
A court may return a criminal case to the original trial location if the case is pending after reversal and the original reasons for changing venue no longer apply.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1033.1. In any criminal action or proceeding in which the place of trial has been changed for any of the reasons set forth in Section 1033, the court, upon its own motion or upon the motion of any party, may return the action or proceeding to the original place of trial if both of the following conditions apply: (a) The action or proceeding is pending before the court after reversal of the original judgment by the appellate court. (b) The court finds that the conditions which originally required the order to change venue, as set forth in Section 1033, no longer apply. Prior to making such a finding, the court shall conduct a hearing, upon notice to all parties. At the hearing, the burden shall be on the prosecution to establish that the conditions which originally required the order to change venue no longer apply, unless the defendant and his or her attorney consent to the return of the action or proceeding to the original place of trial. (Added by Stats. 1993, Ch. 837, Sec. 1. Effective October 6, 1993.) - 1035. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
A qualifying defendant may file a written agreement to plead and waive trial or hearing, but only if each county’s district attorney approves.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1035. A defendant arrested, held, or present in a county other than that in which an indictment, information, felony complaint, or felony probation violation is pending against the defendant, may state in writing his or her agreement to plead guilty or nolo contendere to some or all of the pending charges, to waive trial or hearing in the county in which the pleading is pending, and to consent to disposition of the case in the county in which that defendant was arrested, held, or present, subject to the approval of the district attorney for each county. Upon receipt of the defendant’s statement and of the written approval of the district attorneys, the clerk of the court in which the pleading is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant is arrested, held, or present, and the prosecution shall continue in that county. However, the proceedings shall be limited solely to the purposes of plea and sentencing and not for trial. If, after the proceeding has been transferred pursuant to this section, the defendant pleads not guilty, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. The defendant’s statement that the defendant wishes to plead guilty or nolo contendere may not be used against the defendant. (Amended by Stats. 2003, Ch. 449, Sec. 32. Effective January 1, 2004.) - 1036. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
When an incarcerated defendant gets a venue change, the court must order the sheriff to transfer custody for trial, unless the court keeps jurisdiction over other pretrial motions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1036. (a) Unless the court reserves jurisdiction to hear other pretrial motions, if a defendant is incarcerated and the court orders a change of venue to another county, the court shall direct the sheriff to deliver the defendant to the custody of the sheriff of the other county for the purpose of trial. (b) If the defendant is incarcerated and the court orders that the jury be selected from the county to which the venue would otherwise have been transferred pursuant to Section 1036.7, the court shall direct the sheriff to deliver the defendant to the custody of the sheriff of that county for the purpose of jury selection. (Amended by Stats. 1987, Ch. 780, Sec. 1.) - 1036.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
After pre-trial motions are resolved, the court may set aside a prior venue-transfer order if the original reasons for transfer no longer apply and notice is given to the receiving court.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1036.5. Following the resolution of pre-trial motions, and prior to the issuance of an order under Section 1036 or the transmittal of the case file for the purpose of trial to the court to which venue has been ordered transferred, the court may, upon its own motion or the motion of any party and on appropriate notice to the court to which venue has been transferred, set aside its order to change venue on the ground that the conditions which originally required the order to change venue, as set forth in Section 1033 or 1034, no longer apply. (Added by Stats. 1983, Ch. 947, Sec. 7.) - 1036.7. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
If venue is changed and the court, with all defendants consenting, decides it is better to move the jury than the case, the court may do so by selecting a jury in the transfer destination and moving that jury to the trial court.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1036.7. When a change of venue is ordered and the court, upon motion to transfer a jury or on its own motion and upon unanimous consent of all defendants, determines that it would be in the interests of the administration of justice to move the jury rather than to move the pending action, a change of venue may be accomplished by the selection of a jury in the county or judicial district to which the venue would otherwise have been transferred, and the selected jury shall be moved to the court in which the criminal action is pending. (Added by Stats. 1987, Ch. 780, Sec. 2.) - 1037. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
If venue is changed to another county, the transferring court or county must pay the receiving court or county’s covered costs, except amounts payable under Section 4750.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1037. (a) When a court orders a change of venue to a court in another county, all costs incurred by the receiving court or county, that are not payable pursuant to Section 4750, shall be paid by the transferring court or county as provided in Sections 1037.1 and 1037.2. Those costs may include, but are not limited to, the expenses for the following: (1) The transfer, preparation, and trial of the action. (2) The guarding, keeping, and transportation of the prisoner. (3) Any appeal or other proceeding relating to the action. (4) Execution of the sentence. (b) The term “all costs” means all reasonable and necessary costs incurred by the receiving court or county as a result of the change of venue that would not have been incurred but for the change of venue. “All costs” does not include normal salaries, overhead, and other expenses that would have been incurred by the receiving court or county if it did not receive the trial. (Amended by Stats. 2005, Ch. 282, Sec. 1. Effective January 1, 2006.) - 1037.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
Change of venue court costs must be paid by the transferring court to the receiving court, and the Judicial Council must adopt procedures to ensure timely payment.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1037.1. (a) Change of venue costs, as defined in Section 1037, that are court operations, as defined in Section 77003 of the Government Code and Rule 10.810 of the California Rules of Court, shall be considered court costs to be charged against and paid by the transferring court to the receiving court. (b) The Judicial Council shall adopt financial policies and procedures to ensure the timely payment of court costs pursuant to this section. The policies and procedures shall include, but are not limited to, both of the following: (1) The requirement that courts approve a budget and a timeline for reimbursement before the beginning of the trial. (2) A process for the Administrative Office of the Courts to mediate any disputes regarding costs between transferring and receiving courts. (c) (1) The presiding judge of the transferring court, or his or her designee, shall authorize the payment for the reimbursement of court costs out of the court operations fund of the transferring court. (2) Payments for the reimbursement of court costs shall be deposited into the court operations fund of the receiving court. (Amended by Stats. 2007, Ch. 130, Sec. 192. Effective January 1, 2008.) - 1037.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
This section assigns change-of-venue county costs to the transferring county, requires a pretrial budget and payment timeline, and sets monthly claim submission and payment deadlines.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1037.2. (a) Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section 77003 of the Government Code or Rule 10.810 of the California Rules of Court shall be considered to be county costs to be paid by the transferring county to the receiving county. County costs include, but are not limited to, alterations, including all construction-related costs, to a courthouse made that only resulted from the transfer of the trial, rental of furniture or equipment that only resulted from the transfer of the trial, inmate transportation provided by the county sheriff from the jail to the courthouse, security of the inmate or other participants in the trial, unique or extraordinary costs for the extended storage and safekeeping of evidence related to the trial, rental of jury parking lot, jury parking lot security and related costs, security expenses incurred by the county sheriff or a contracted agency that resulted only from the transfer of the trial, and information services for the court, jury, public, or media. (b) Transferring counties shall approve a budget and a timeline for the payment of county costs before the beginning of trial. (c) Claims for the costs described in subdivision (a) shall be forwarded to the treasurer and auditor of the transferring county on a monthly basis. The treasurer shall pay the amount of county costs out of the general funds of the transferring county within 30 days of receiving the claim for costs from the receiving county. (d) (1) The transferring court may, in its sound discretion, determine the reasonable and necessary costs under this section. (2) The transferring court’s approval of costs shall become effective 10 days after the court has given written notice of the costs to the auditor of the transferring county. (3) During the 10-day period specified in paragraph (2), the auditor of the transferring county may contest the costs approved by the transferring court. (4) If the auditor of the transferring county fails to contest the costs within the 10-day period specified in paragraph (2), the transferring county shall be deemed to have waived the right to contest the imposition of these costs. (Amended by Stats. 2007, Ch. 130, Sec. 193. Effective January 1, 2008.) - 1038. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. )
The Judicial Council must adopt rules for changing venue in criminal actions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 6. Change of Venue [1033 - 1038] ( Chapter 6 repealed and added by Stats. 1971, Ch. 1476. ) ## 1038. The Judicial Council shall adopt rules of practice and procedure for the change of venue in criminal actions. (Amended by Stats. 2003, Ch. 449, Sec. 33. Effective January 1, 2004.) - 1041. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. )
An issue of fact arises when a defendant pleads not guilty, former conviction or acquittal, once in jeopardy, or not guilty by reason of insanity.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. ) ## 1041. An issue of fact arises: 1. Upon a plea of not guilty. 2. Upon a plea of a former conviction or acquittal of the same offense. 3. Upon a plea of once in jeopardy. 4. Upon a plea of not guilty by reason of insanity. (Amended by Stats. 1949, Ch. 1314.) - 1042. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. )
Issues of fact must be tried as provided by Article I, Section 16 of the state Constitution.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. ) ## 1042. Issues of fact shall be tried in the manner provided in Article I, Section 16 of the Constitution of this state. (Amended by Stats. 2002, Ch. 787, Sec. 20. Effective January 1, 2003.) - 1042.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. )
An infraction must be tried by the court. If a defendant is charged with both an infraction and a jury-triable public offense and no jury trial is waived, the court may decide whether the charges are tried together by jury or separately.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. ) ## 1042.5. Trial of an infraction shall be by the court, but when a defendant has been charged with an infraction and with a public offense for which there is a right to jury trial and a jury trial is not waived, the court may order that the offenses be tried together by jury or that they be tried separately with the infraction being tried by the court either in the same proceeding or a separate proceeding as may be appropriate. (Added by Stats. 1968, Ch. 1192.) - 1043. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. )
This section requires a felony defendant to be present at trial, and lets the court continue certain trials when the defendant is absent. It also gives the court specific options in misdemeanor cases when the defendant does not appear.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. ) ## 1043. (a) Except as otherwise provided in this section, the defendant in a felony case shall be personally present at the trial. (b) The absence of the defendant in a felony case after the trial has commenced in their physical presence shall not prevent continuing the trial to, and including, the return of the verdict in any of the following cases: (1) Any case in which the defendant, after being warned by the judge that they will be removed if they continue their disruptive behavior, nevertheless insists on acting in a manner so disorderly, disruptive, and disrespectful of the court that the trial cannot be carried on with the defendant present in the courtroom. (2) Any prosecution for an offense which is not punishable by death in which the defendant is voluntarily absent. (c) Any defendant who is absent from a trial pursuant to paragraph (1) of subdivision (b) may reclaim the right to be present at the trial as soon as they are willing to act consistently with the decorum and respect inherent in the concept of courts and judicial proceedings. (d) Subdivisions (a) and (b) shall not limit the right of a defendant to waive the right to be present in accordance with Section 977. (e) If the defendant in a misdemeanor case fails to appear in person at the time set for trial or during the course of trial, the court shall proceed with the trial, unless good cause for a continuance exists, if the defendant has authorized their counsel to proceed in their absence pursuant to subdivision (a) of Section 977. If there is no authorization pursuant to subdivision (a) of Section 977 and if the defendant fails to appear in person at the time set for trial or during the course of trial, the court, in its discretion, may do one or more of the following, as it deems appropriate: (1) Continue the matter. (2) Order bail forfeited or revoke release on the defendant’s own recognizance. (3) Issue a bench warrant. (4) (A) If the defendant is in custody, proceed with the trial in the defendant’s absence as authorized in subdivision (f). (B) If the defendant is out of custody, proceed with the trial if the court finds the defendant has absented themselves voluntarily with full knowledge that the trial is to be held or is being held. (f) (1) A trial shall be deemed to have commenced in the presence of the defendant for purposes of subdivision (b), or may proceed pursuant to paragraph (4) of subdivision (e), if the court finds, by clear and convincing evidence, all of the following to be true: (A) The defendant is in custody and is refusing, without good cause, to appear in court on that day for that trial. (B) The defendant has been informed of their right and obligation to be personally present in court. (C) The defendant has been informed that the trial will proceed without the defendant being present. (D) The defendant has been informed that they have the right to remain silent during the trial. (E) The defendant has been informed that their absence without good cause will constitute a voluntary waiver of any constitutional or statutory right to confront any witnesses against them or to testify on their own behalf. (F) The defendant has been informed whether or not defense counsel will be present. (2) The court shall state on the record the reasons for the court’s findings and shall cause those findings and reasons to be entered into the minutes. (3) If the trial lasts for more than one day, the court is required to make the findings required by this subdivision anew for each day that the defendant is absent. (4) This subdivision does not apply to any trial in which the defendant was personally present in court at the commencement of trial. (g) Nothing herein shall limit the right of the court to order the defendant to be personally present at the trial for purposes of identification unless counsel stipulate to the issue of identity. (Amended by Stats. 2022, Ch. 197, Sec. 17. (SB 1493) Effective January 1, 2023.) - 1044. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. )
The judge must control trial proceedings and keep evidence and counsel’s arguments limited to relevant and material matters.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. ) ## 1044. It shall be the duty of the judge to control all proceedings during the trial, and to limit the introduction of evidence and the argument of counsel to relevant and material matters, with a view to the expeditious and effective ascertainment of the truth regarding the matters involved. (Added by Stats. 1927, Ch. 607.) - 1045. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. )
In certain misdemeanor or infraction cases, the court must order a verbatim record if a party asks at least five days ahead and pays the required fees.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 7. The Mode of Trial [1041 - 1045] ( Chapter 7 enacted 1872. ) ## 1045. In any misdemeanor or infraction matter, where a verbatim record of the proceedings is not required to be made and where the right of a party to request a verbatim record is not provided for pursuant to any other provision of law or rule of court, if any party makes a request at least five days in advance and deposits the required fees, the court shall order that a verbatim record be made of all proceedings. Except as otherwise provided by law or rule the party requesting any reporting, recording, or transcript pursuant to this section shall pay the cost of such reporting, recording, or transcript. This section shall cease to be operative upon a final decision of an appellate court holding that there is a constitutional right or other requirement that a verbatim record or transcript be provided at public expense for indigent or any other defendants in cases subject to the provisions of this section. (Added by Stats. 1980, Ch. 1200, Sec. 1.) - 1046. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
Trial juries for criminal actions are formed the same way as trial juries in civil actions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1046. Trial juries for criminal actions are formed in the same manner as trial juries in civil actions. (Enacted 1872.) - 1048. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
This section sets the order for criminal cases on the trial calendar and gives priority to certain protected-victim cases. It also limits continuances and generally requires trial to begin within 30 days after arraignment in those priority cases, unless good cause is shown.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1048. (a) The issues on the calendar shall be disposed of in the following order, unless for good cause the court directs an action to be tried out of its order: (1) Prosecutions for felony, when the defendant is in custody. (2) Prosecutions for misdemeanor, when the defendant is in custody. (3) Prosecutions for felony, when the defendant is on bail. (4) Prosecutions for misdemeanor, when the defendant is on bail. (b) Notwithstanding subdivision (a), all criminal actions in which (1) a minor is detained as a material witness or is the victim of the alleged offense, (2) a person who was 70 years of age or older at the time of the alleged offense or is a dependent adult, as defined in subdivision (h) of Section 368, was a witness to, or is the victim of, the alleged offense or (3) any person is a victim of an alleged violation of Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289 or former Section 262 or 288a, committed by the use of force, violence, or the threat thereof, shall be given precedence over all other criminal actions in the order of trial. In those actions, continuations shall be granted by the court only after a hearing and determination of the necessity thereof, and in any event, the trial shall be commenced within 30 days after arraignment, unless for good cause the court shall direct the action to be continued, after a hearing and determination of the necessity of the continuance, and states the findings for a determination of good cause on the record. (c) This section does not provide a statutory right to a trial within 30 days. (Amended by Stats. 2021, Ch. 626, Sec. 40. (AB 1171) Effective January 1, 2022.) - 1048.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
At arraignment in superior court, trial dates for certain listed offenses should be scheduled to avoid the same prosecutor having two trials set on the same day.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1048.1. (a) In scheduling a trial date at an arraignment in superior court involving any of the following offenses, reasonable efforts shall be made to avoid setting that trial, when that case is assigned to a particular prosecuting attorney, on the same day that another case is set for trial involving the same prosecuting attorney: (1) Murder, as defined in subdivision (a) of Section 187. (2) An alleged sexual assault offense, as described in subdivisions (a) and (b) of Section 11165.1. (3) An alleged child abuse offense, as described in Section 11165.6. (4) A case being handled in the Career Criminal Prosecution Program pursuant to Chapter 2.2 (commencing with Section 999b). (5) An alleged offense against a person with a developmental disability. (b) For purposes of this section, “developmental disability” has the same meaning as found in Section 4512 of the Welfare and Institutions Code. (Amended by Stats. 2016, Ch. 91, Sec. 1. (AB 1272) Effective January 1, 2017.) - 1048.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
The court may give priority to an action alleging a violation of Section 236.1 if good cause is shown.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1048.2. Notwithstanding subdivision (b) of Section 1048, for good cause shown, the court may grant priority to an action for an alleged violation of Section 236.1 as the court, in its discretion, may determine to be appropriate. (Added by Stats. 2016, Ch. 644, Sec. 4. (AB 2498) Effective January 1, 2017.) - 1049. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
After a plea, the defendant is entitled to at least five days to prepare for trial.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1049. After his plea, the defendant is entitled to at least five days to prepare for trial. (Amended by Stats. 1927, Ch. 606.) - 1049.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
In felony cases, the court must set a trial date within 60 days of the defendant’s arraignment, unless good cause allows more time.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1049.5. In felony cases, the court shall set a date for trial which is within 60 days of the defendant’s arraignment in the superior court unless, upon a showing of good cause as prescribed in Section 1050, the court lengthens the time. If the court, after a hearing as presecribed in Section 1050, finds that there is good cause to set the date for trial beyond the 60 days, it shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes. (Added June 5, 1990, by initiative Proposition 115, Sec. 21.) - 1050. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
This section requires criminal cases to move quickly, sets notice and hearing rules for continuances, and limits when continuances may be granted.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1050. (a) The welfare of the people of the State of California requires that all proceedings in criminal cases shall be set for trial and heard and determined at the earliest possible time. To this end, the Legislature finds that the criminal courts are becoming increasingly congested with resulting adverse consequences to the welfare of the people and the defendant. Excessive continuances contribute substantially to this congestion and cause substantial hardship to victims and other witnesses. Continuances also lead to longer periods of presentence confinement for those defendants in custody and the concomitant overcrowding and increased expenses of local jails. It is therefore recognized that the people, the defendant, and the victims and other witnesses have the right to an expeditious disposition, and to that end it shall be the duty of all courts and judicial officers and of all counsel, both for the prosecution and the defense, to expedite these proceedings to the greatest degree that is consistent with the ends of justice. In accordance with this policy, criminal cases shall be given precedence over, and set for trial and heard without regard to the pendency of, any civil matters or proceedings. In further accordance with this policy, death penalty cases in which both the prosecution and the defense have informed the court that they are prepared to proceed to trial shall be given precedence over, and set for trial and heard without regard to the pendency of, other criminal cases and any civil matters or proceedings, unless the court finds in the interest of justice that it is not appropriate. (b) To continue any hearing in a criminal proceeding, including the trial, (1) a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing that a continuance is necessary and (2) within two court days of learning that he or she has a conflict in the scheduling of any court hearing, including a trial, an attorney shall notify the calendar clerk of each court involved, in writing, indicating which hearing was set first. A party shall not be deemed to have been served within the meaning of this section until that party actually has received a copy of the documents to be served, unless the party, after receiving actual notice of the request for continuance, waives the right to have the documents served in a timely manner. Regardless of the proponent of the motion, the prosecuting attorney shall notify the people’s witnesses and the defense attorney shall notify the defense’s witnesses of the notice of motion, the date of the hearing, and the witnesses’ right to be heard by the court. (c) Notwithstanding subdivision (b), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for the failure to comply with those requirements, the court may impose sanctions as provided in Section 1050.5. (d) When a party makes a motion for a continuance without complying with the requirements of subdivision (b), the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of the finding and a statement of facts proved shall be entered in the minutes. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted. (e) Continuances shall be granted only upon a showing of good cause. Neither the convenience of the parties nor a stipulation of the parties is in and of itself good cause. (f) At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. A statement of facts proved shall be entered in the minutes. (g) (1) When deciding whether or not good cause for a continuance has been shown, the court shall consider the general convenience and prior commitments of all witnesses, including peace officers. Both the general convenience and prior commitments of each witness also shall be considered in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case. (2) For purposes of this section, “good cause” includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section 11165.6, or domestic violence as defined in Section 13700, or a case being handled in the Career Criminal Prosecution Program pursuant to Sections 999b through 999h, or a hate crime, as defined in Title 11.6 (commencing with Section 422.6) of Part 1, has occurred and the prosecuting attorney assigned to the case has another trial, preliminary hearing, or motion to suppress in progress in that court or another court. A continuance under this paragraph shall be limited to a maximum of 10 additional court days. (3) Only one continuance per case may be granted to the people under this subdivision for cases involving stalking, hate crimes, or cases handled under the Career Criminal Prosecution Program. Any continuance granted to the people in a case involving stalking or handled under the Career Criminal Prosecution Program shall be for the shortest time possible, not to exceed 10 court days. (h) Upon a showing that the attorney of record at the time of the defendant’s first appearance in the superior court on an indictment or information is a Member of the Legislature of this state and that the Legislature is in session or that a legislative interim committee of which the attorney is a duly appointed member is meeting or is to meet within the next seven days, the defendant shall be entitled to a reasonable continuance not to exceed 30 days. (i) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever any continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance, and those facts shall be entered in the minutes. (j) Whenever it shall appear that any court may be required, because of the condition of its calendar, to dismiss an action pursuant to Section 1382, the court must immediately notify the Chair of the Judicial Council. (k) This section shall not apply when the preliminary examination is set on a date less than 10 court days from the date of the defendant’s arraignment on the complaint, and the prosecution or the defendant moves to continue the preliminary examination to a date not more than 10 court days from the date of the defendant’s arraignment on the complaint. (l) This section is directory only and does not mandate dismissal of an action by its terms. (Amended by Stats. 2003, Ch. 133, Sec. 1. Effective January 1, 2004.) - 1050.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
In jointly charged cases, the court or magistrate may treat a prosecutor’s motion as good cause to continue the other defendants’ cases to keep them joined, but it should not sever such cases because one defendant is unavailable or unprepared unless all defendants cannot be ready within a reasonable time.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1050.1. In any case in which two or more defendants are jointly charged in the same complaint, indictment, or information, and the court or magistrate, for good cause shown, continues the arraignment, preliminary hearing, or trial of one or more defendants, the continuance shall, upon motion of the prosecuting attorney, constitute good cause to continue the remaining defendants’ cases so as to maintain joinder. The court or magistrate shall not cause jointly charged cases to be severed due to the unavailability or unpreparedness of one or more defendants unless it appears to the court or magistrate that it will be impossible for all defendants to be available and prepared within a reasonable period of time. (Added June 5, 1990, by initiative Proposition 115, Sec. 22.) - 1050.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
A court may sanction certain failures to comply with Section 1050 by ordering a fine of up to $1,000 or a report to a disciplinary committee, but it may not dismiss the case.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1050.5. (a) When, pursuant to subdivision (c) of Section 1050, the court imposes sanctions for failure to comply with the provisions of subdivision (b) of Section 1050, the court may impose one or both of the following sanctions when the moving party is the prosecuting or defense attorney: (1) A fine not exceeding one thousand dollars ($1,000) upon counsel for the moving party. (2) The filing of a report with an appropriate disciplinary committee. (b) The authority to impose sanctions provided for by this section shall be in addition to any other authority or power available to the court, except that the court or magistrate shall not dismiss the case. (Amended by Stats. 2003, Ch. 133, Sec. 2. Effective January 1, 2004.) - 1051. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. )
In a trial for an offense, a defense witness testifying can justify a reasonable continuance, unless the court finds the prosecutor should already have known about the evidence. If the continuance is based on the defendant’s testimony, it cannot last more than one day.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 8. Formation of the Trial Jury and theCalendar of Issues for Trial [1046 - 1051] ( Chapter 8 enacted 1872. ) ## 1051. Upon a trial for any offense, if a defense witness testifies, there shall be good cause for a reasonable continuance unless the court finds that the prosecutor was or should, with due diligence, have been aware of such evidence. If the continuance is granted because of the defendant’s testimony, it shall not exceed one day. (Amended by Stats. 1983, Ch. 782, Sec. 1.) - 1053. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 9. Postponement of the Trial [1053- 1053.] ( Chapter 9 enacted 1872. )
If a trial judge dies, becomes ill, or otherwise cannot continue, another judge may finish the trial; if none is available, court officers must adjourn and notify the Judicial Council chair.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 9. Postponement of the Trial [1053- 1053.] ( Chapter 9 enacted 1872. ) ## 1053. If after the commencement of the trial of a criminal action or proceeding in any court the judge or justice presiding at the trial shall die, become ill, or for any other reason be unable to proceed with the trial, any other judge or justice of the court in which the trial is proceeding may proceed with and finish the trial; or if there be no other judge or justice of that court available, then the clerk, sheriff, or marshal shall adjourn the court and notify the Chairman of the Judicial Council of the facts, and shall continue the case from day to day until the time that the chairman shall designate and assign a judge or justice of some other court, and the judge or justice shall arrive, to proceed with and complete the trial, or until such time as by stipulation in writing between the prosecuting attorney and the attorney for the defendant, filed with the court, a judge or justice shall be agreed upon by them, and the judge or justice shall arrive to complete the trial. The judge or justice authorized by this section to proceed with and complete the trial shall have the same power, authority, and jurisdiction as if the trial had been commenced before that judge or justice. (Amended by Stats. 1996, Ch. 872, Sec. 118. Effective January 1, 1997.) - 1054. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
This chapter states the purposes of criminal discovery and says discovery in criminal cases is allowed only as provided by this chapter, other express statutes, or the U.S. Constitution.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054. This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested. (c) To save court time in trial and avoid the necessity for frequent interruptions and postponements. (d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings. (e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States. (Added June 5, 1990, by initiative Proposition 115.) - 1054.1. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
The prosecuting attorney must disclose specified materials and information to the defendant or the defendant’s attorney when the prosecutor has them or knows they are held by investigating agencies.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial. (Added June 5, 1990, by initiative Proposition 115.) - 1054.10. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
An attorney generally may not disclose copies of child pornography evidence to the defendant, the defendant’s family, or anyone else, unless the court permits it after a hearing and good cause is shown.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.10. (a) Except as provided in subdivision (b), no attorney may disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else copies of child pornography evidence, unless specifically permitted to do so by the court after a hearing and a showing of good cause. (b) Notwithstanding subdivision (a), an attorney may disclose or permit to be disclosed copies of child pornography evidence to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation. Persons provided this material by an attorney shall be informed by the attorney that further dissemination of the material, except as provided by this section, is prohibited. (Added by Stats. 2003, Ch. 238, Sec. 1. Effective August 11, 2003.) - 1054.2. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
Attorneys generally must not disclose a victim’s or witness’s personal identifying information, except with court permission or for limited preparation-related disclosures.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.2. (a) (1) Except as provided in paragraph (2), no attorney shall disclose or permit to be disclosed to a defendant, members of the defendant’s family, or anyone else, the personal identifying information of a victim or witness whose name is disclosed to the attorney pursuant to subdivision (a) of Section 1054.1, other than the name of the victim or witness, unless specifically permitted to do so by the court after a hearing and a showing of good cause. (2) Notwithstanding paragraph (1), an attorney may disclose or permit to be disclosed the personal identifying information of a victim or witness to persons employed by the attorney or to persons appointed by the court to assist in the preparation of a defendant’s case if that disclosure is required for that preparation. Persons provided this information by an attorney shall be informed by the attorney that further dissemination of the information, except as provided by this section, is prohibited. (b) If the defendant is acting as their own attorney, the court shall endeavor to protect the personal identifying information of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court. (c) For the purposes of this section, personal identifying information has the same definition as in Section 530.55, except that it does not include name, place of employment, or an equivalent form of identification. (Amended by Stats. 2021, Ch. 91, Sec. 1. (AB 419) Effective January 1, 2022.) - 1054.3. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
The defendant and attorney must disclose specified witness and evidence information to the prosecuting attorney, and the court may order a mental health examination in defined circumstances.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.3. (a) The defendant and his or her attorney shall disclose to the prosecuting attorney: (1) The names and addresses of persons, other than the defendant, he or she intends to call as witnesses at trial, together with any relevant written or recorded statements of those persons, or reports of the statements of those persons, including any reports or statements of experts made in connection with the case, and including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the defendant intends to offer in evidence at the trial. (2) Any real evidence which the defendant intends to offer in evidence at the trial. (b) (1) Unless otherwise specifically addressed by an existing provision of law, whenever a defendant in a criminal action or a minor in a juvenile proceeding brought pursuant to a petition alleging the juvenile to be within Section 602 of the Welfare and Institutions Code places in issue his or her mental state at any phase of the criminal action or juvenile proceeding through the proposed testimony of any mental health expert, upon timely request by the prosecution, the court may order that the defendant or juvenile submit to examination by a prosecution-retained mental health expert. (A) The prosecution shall bear the cost of any such mental health expert’s fees for examination and testimony at a criminal trial or juvenile court proceeding. (B) The prosecuting attorney shall submit a list of tests proposed to be administered by the prosecution expert to the defendant in a criminal action or a minor in a juvenile proceeding. At the request of the defendant in a criminal action or a minor in a juvenile proceeding, a hearing shall be held to consider any objections raised to the proposed tests before any test is administered. Before ordering that the defendant submit to the examination, the trial court must make a threshold determination that the proposed tests bear some reasonable relation to the mental state placed in issue by the defendant in a criminal action or a minor in a juvenile proceeding. For the purposes of this subdivision, the term “tests” shall include any and all assessment techniques such as a clinical interview or a mental status examination. (2) The purpose of this subdivision is to respond to Verdin v. Superior Court 43 Cal.4th 1096, which held that only the Legislature may authorize a court to order the appointment of a prosecution mental health expert when a defendant has placed his or her mental state at issue in a criminal case or juvenile proceeding pursuant to Section 602 of the Welfare and Institutions Code. Other than authorizing the court to order testing by prosecution-retained mental health experts in response to Verdin v. Superior Court, supra, it is not the intent of the Legislature to disturb, in any way, the remaining body of case law governing the procedural or substantive law that controls the administration of these tests or the admission of the results of these tests into evidence. (Amended by Stats. 2009, Ch. 297, Sec. 1. (AB 1516) Effective January 1, 2010. Note: This section was added on June 5, 1990, by initiative Prop. 115.) - 1054.4. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
Law enforcement and prosecuting agencies may obtain nontestimonial evidence, to the extent permitted by law.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.4. Nothing in this chapter shall be construed as limiting any law enforcement or prosecuting agency from obtaining nontestimonial evidence to the extent permitted by law on the effective date of this section. (Added June 5, 1990, by initiative Proposition 115.) - 1054.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
Discovery orders in criminal cases are limited to this chapter, and a party must first make an informal request to opposing counsel before seeking court enforcement.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.5. (a) No order requiring discovery shall be made in criminal cases except as provided in this chapter. This chapter shall be the only means by which the defendant may compel the disclosure or production of information from prosecuting attorneys, law enforcement agencies which investigated or prepared the case against the defendant, or any other persons or agencies which the prosecuting attorney or investigating agency may have employed to assist them in performing their duties. (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure. (c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States. (Added June 5, 1990, by initiative Proposition 115.) - 1054.6. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
The defendant and the prosecuting attorney do not have to disclose work product or privileged materials or information.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.6. Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of Section 2018.030 of the Code of Civil Procedure, or which are privileged pursuant to an express statutory provision, or are privileged as provided by the Constitution of the United States. (Amended by Stats. 2004, Ch. 182, Sec. 50. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182. Note: This section was added on June 5, 1990, by initiative Prop. 115.) - 1054.7. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
Disclosure under this chapter must be made at least 30 days before trial, or immediately if the material becomes known within 30 days of trial, unless good cause supports denial, restriction, or deferral.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.7. The disclosures required under this chapter shall be made at least 30 days prior to the trial, unless good cause is shown why a disclosure should be denied, restricted, or deferred. If the material and information becomes known to, or comes into the possession of, a party within 30 days of trial, disclosure shall be made immediately, unless good cause is shown why a disclosure should be denied, restricted, or deferred. “Good cause” is limited to threats or possible danger to the safety of a victim or witness, possible loss or destruction of evidence, or possible compromise of other investigations by law enforcement. Upon the request of any party, the court may permit a showing of good cause for the denial or regulation of disclosures, or any portion of that showing, to be made in camera. A verbatim record shall be made of any such proceeding. If the court enters an order granting relief following a showing in camera, the entire record of the showing shall be sealed and preserved in the records of the court, and shall be made available to an appellate court in the event of an appeal or writ. In its discretion, the trial court may after trial and conviction, unseal any previously sealed matter. (Added June 5, 1990, by initiative Proposition 115.) - 1054.8. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
Certain prosecutors, defense attorneys, and investigators must identify themselves and their role before interviewing a disclosed victim or witness; if the interview is in person, they must also show identification.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.8. (a) No prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant shall interview, question, or speak to a victim or witness whose name has been disclosed by the opposing party pursuant to Section 1054.1 or 1054.3 without first clearly identifying himself or herself, identifying the full name of the agency by whom he or she is employed, and identifying whether he or she represents, or has been retained by, the prosecution or the defendant. If the interview takes place in person, the party shall also show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning. (b) Upon a showing that a person has failed to comply with this section, a court may issue any order authorized by Section 1054.5. (Added by Stats. 1998, Ch. 630, Sec. 1. Effective January 1, 1999.) - 1054.9. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. )
This section requires courts to give eligible defendants reasonable access to certain discovery materials in postconviction habeas or vacatur proceedings, and it also requires trial counsel to keep former-client files in felony incarceration cases.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL [976 - 1054.10] ( Heading of Title 6 amended by Stats. 1951, Ch. 1674. ) ## CHAPTER 10. Discovery [1054 - 1054.10] ( Chapter 10 added June 5, 1990, by initiative Proposition 115, Sec. 23. ) ## 1054.9. (a) In a case in which a defendant is or has ever been convicted of a felony resulting in incarceration in the Department of Corrections and Rehabilitation, upon the prosecution of a postconviction writ of habeas corpus or a motion to vacate a judgment, or in preparation to file that writ or motion, and on a showing that good faith efforts to obtain discovery materials from trial counsel were made and were unsuccessful, the court shall, except as provided in subdivision (b) or (d), or when a protective order prohibits disclosure, order that the defendant be provided reasonable access to any of the discovery materials described in subdivision (c). (b) Notwithstanding subdivision (a), in a case in which a sentence other than death or life in prison without the possibility of parole is or has ever been imposed, if a court has entered a previous order granting discovery pursuant to this section, a subsequent order granting discovery pursuant to subdivision (a) may be made in the court’s discretion. A request for discovery subject to this subdivision shall include a statement by the person requesting discovery as to whether that person has previously been granted an order for discovery pursuant to this section. (c) (1) For purposes of this section, “discovery materials” means materials in the possession of the prosecution and law enforcement authorities that the same defendant would have been entitled at time of trial or materials that tend to negate guilt, mitigate the offense, mitigate the sentence, or otherwise are favorable or exculpatory to the defendant. “Discovery materials” includes all materials that the convicted person would be entitled to if they were being tried today, irrespective of whether the materials were discoverable at the time of the convicted person’s original trial. “Discovery materials” includes the prosecution’s jury selection notes. (2) For purposes of this section, “the prosecution” includes the prosecuting agency and counsel for the respondent to a habeas corpus petition. (3) This section does not impose an additional obligation to investigate the existence of new discovery materials. This section does not prohibit a court from ordering the prosecution or law enforcement to investigate the existence of new discovery materials when appropriate. (4) (A) If the prosecution believes there is good cause to shield jury selection notes from disclosure, they shall make a foundational proffer describing how information in their file would bear on their case strategy. (B) If the court finds good cause, the court shall conduct an in camera review and order necessary redactions. (C) The prosecution’s lack of exercised peremptory challenges during jury selection shall constitute good cause to withhold disclosure of jury selection notes pursuant to this section. (d) In response to a writ or motion satisfying the conditions in subdivision (a), the court may order that the defendant be provided access to physical evidence for the purpose of examination, including, but not limited to, any physical evidence relating to the investigation, arrest, and prosecution of the defendant only upon a showing that there is good cause to believe that access to physical evidence is reasonably necessary to the defendant’s effort to obtain relief. The procedures for obtaining access to physical evidence for purposes of postconviction DNA testing are provided in Section 1405, and this section does not provide an alternative means of access to physical evidence for those purposes. (e) The actual costs of examination or copying pursuant to this section shall be borne or reimbursed by the defendant. (f) This section does not require the retention of any discovery materials not otherwise required by law or court order. (g) In criminal matters involving a conviction for a felony resulting in incarceration in the Department of Corrections and Rehabilitation, trial counsel shall retain a copy of a former client’s files for the term of that client’s imprisonment. An electronic copy is sufficient only if every item in the file is digitally copied in color and preserved. To the extent this section imposes new requirements on trial counsel, trial counsel shall begin retaining their physical files and digital color copies of evidence for all felony convictions on or after July 1, 2026. (Amended by Stats. 2025, Ch. 444, Sec. 1. (AB 1036) Effective January 1, 2026.) - 1065. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 1. Challenging the Jury [1065 - 1089] ( Chapter 1 enacted 1872. )
If a jury challenge is allowed, the court must discharge the jury; if it is disallowed, the court must have the jury impaneled.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 1. Challenging the Jury [1065 - 1089] ( Chapter 1 enacted 1872. ) ## 1065. If, either upon an exception to the challenge or a denial of the facts, the challenge is allowed, the Court must discharge the jury so far as the trial in question is concerned. If it is disallowed, the Court must direct the jury to be impaneled. (Amended by Code Amendments 1880, Ch. 47.) - 107. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 3. Escapes and Aiding Therein [107 - 110] ( Chapter 3 enacted 1872. )
A felony prisoner in a public training school, reformatory, or county hospital must not escape or try to escape; doing so is a felony and can bring imprisonment, a fine up to $10,000, or both.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 3. Escapes and Aiding Therein [107 - 110] ( Chapter 3 enacted 1872. ) ## 107. Every prisoner charged with or convicted of a felony who is an inmate of any public training school or reformatory or county hospital who escapes or attempts to escape from such public training school or reformatory or county hospital is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 244. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 1089. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 1. Challenging the Jury [1065 - 1089] ( Chapter 1 enacted 1872. )
If a superior court judge expects a trial to be protracted, the court may add alternate jurors and must treat them like the regular jurors in most respects.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 1. Challenging the Jury [1065 - 1089] ( Chapter 1 enacted 1872. ) ## 1089. Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information or complaint, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or more additional jurors, in its discretion, to be known as “alternate jurors.” The alternate jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges, provided that the prosecution and the defendant shall each be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. When two or more defendants are tried jointly each defendant shall be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. The prosecution shall be entitled to additional peremptory challenges equal to the number of all the additional separate challenges allowed the defendant or defendants to the alternate jurors. The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors, and for a failure so to do are liable to be punished for contempt. They shall obey the orders of and be bound by the admonition of the court, upon each adjournment of the court; but if the regular jurors are ordered to be kept in the custody of the sheriff or marshal during the trial of the cause, the alternate jurors shall also be kept in confinement with the other jurors; and upon final submission of the case to the jury the alternate jurors shall be kept in the custody of the sheriff or marshal and shall not be discharged until the original jurors are discharged, except as hereinafter provided. If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her duty, or if a juror requests a discharge and good cause appears therefor, the court may order the juror to be discharged and draw the name of an alternate, who shall then take a place in the jury box, and be subject to the same rules and regulations as though the alternate juror had been selected as one of the original jurors. (Amended by Stats. 2003, Ch. 62, Sec. 230. Effective January 1, 2004.) - 109. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 3. Escapes and Aiding Therein [107 - 110] ( Chapter 3 enacted 1872. )
A person who willfully helps an inmate of a public training school or reformatory escape, or try to escape, can be punished by prison and a fine up to $10,000.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 3. Escapes and Aiding Therein [107 - 110] ( Chapter 3 enacted 1872. ) ## 109. Any person who willfully assists any inmate of any public training school or reformatory to escape, or in an attempt to escape from that public training school or reformatory is punishable by imprisonment pursuant to subdivision (h) of Section 1170, and fine not exceeding ten thousand dollars ($10,000). (Amended by Stats. 2011, Ch. 15, Sec. 245. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) - 1093. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
This section sets the order of a criminal trial after the jury is sworn and says who must or may speak, present evidence, argue, and receive jury instructions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1093. The jury having been impaneled and sworn, unless waived, the trial shall proceed in the following order, unless otherwise directed by the court: (a) If the accusatory pleading be for a felony, the clerk shall read it, and state the plea of the defendant to the jury, and in cases where it charges a previous conviction, and the defendant has confessed the same, the clerk in reading it shall omit therefrom all that relates to such previous conviction. In all other cases this formality may be dispensed with. (b) The district attorney, or other counsel for the people, may make an opening statement in support of the charge. Whether or not the district attorney, or other counsel for the people, makes an opening statement, the defendant or his or her counsel may then make an opening statement, or may reserve the making of an opening statement until after introduction of the evidence in support of the charge. (c) The district attorney, or other counsel for the people shall then offer the evidence in support of the charge. The defendant or his or her counsel may then offer his or her evidence in support of the defense. (d) The parties may then respectively offer rebutting testimony only, unless the court, for good reason, in furtherance of justice, permit them to offer evidence upon their original case. (e) When the evidence is concluded, unless the case is submitted on either side, or on both sides, without argument, the district attorney, or other counsel for the people, and counsel for the defendant, may argue the case to the court and jury; the district attorney, or other counsel for the people, opening the argument and having the right to close. (f) The judge may then charge the jury, and shall do so on any points of law pertinent to the issue, if requested by either party; and the judge may state the testimony, and he or she may make such comment on the evidence and the testimony and credibility of any witness as in his or her opinion is necessary for the proper determination of the case and he or she may declare the law. At the beginning of the trial or from time to time during the trial, and without any request from either party, the trial judge may give the jury such instructions on the law applicable to the case as the judge may deem necessary for their guidance on hearing the case. Upon the jury retiring for deliberation, the court shall advise the jury of the availability of a written copy of the jury instructions. The court may, at its discretion, provide the jury with a copy of the written instructions given. However, if the jury requests the court to supply a copy of the written instructions, the court shall supply the jury with a copy. (Amended by Stats. 1986, Ch. 1045, Sec. 2.) - 1093.5. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
In a jury criminal trial, requests for instructions on points of law and proposed instructions must be given to the court before argument starts. Before argument, the court must decide on the proposed instructions and tell counsel what instructions will be given. If new issues arise during argument, the court may give extra instructions if counsel requests them.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1093.5. In any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court and all proposed instructions must be delivered to the court before commencement of argument. Before the commencement of the argument, the court, on request of counsel, must: (1) decide whether to give, refuse, or modify the proposed instructions; (2) decide which instructions shall be given in addition to those proposed, if any; and (3) advise counsel of all instructions to be given. However, if, during the argument, issues are raised which have not been covered by instructions given or refused, the court may, on request of counsel, give additional instructions on the subject matter thereof. (Added by Stats. 1957, Ch. 1698.) - 1094. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
The court may depart from the order in Section 1093 when the pleadings require it or for other good reasons, in the court’s discretion.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1094. When the state of the pleadings requires it, or in any other case, for good reasons, and in the sound discretion of the court, the order prescribed in Section 1093 may be departed from. (Amended by Stats. 2009, Ch. 35, Sec. 11. (SB 174) Effective January 1, 2010.) - 1095. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
If the charged offense is punishable by death, two counsel on each side may argue. In other cases, the court may limit argument to one counsel on each side.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1095. If the offense charged is punishable with death, two counsel on each side may argue the cause. In any other case the court may, in its discretion, restrict the argument to one counsel on each side. (Amended by Stats. 1951, Ch. 1674.) - 1096. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
A criminal defendant is presumed innocent, and if there is reasonable doubt about guilt, the defendant is entitled to an acquittal.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1096. A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his or her guilt is satisfactorily shown, he or she is entitled to an acquittal, but the effect of this presumption is only to place upon the state the burden of proving him or her guilty beyond a reasonable doubt. Reasonable doubt is defined as follows: “It is not a mere possible doubt; because everything relating to human affairs is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction of the truth of the charge.” (Amended by Stats. 1995, Ch. 46, Sec. 1. Effective July 3, 1995.) - 1096a Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
When charging a jury, the court may read Section 1096 to the jury, and it does not need to give any further instruction on the presumption of innocence or reasonable doubt.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1096a. In charging a jury, the court may read to the jury Section 1096, and no further instruction on the subject of the presumption of innocence or defining reasonable doubt need be given. (Amended by Stats. 1995, Ch. 46, Sec. 2. Effective July 3, 1995.) - 1097. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
If there is reasonable doubt about which degree of a public offense or attempted public offense was committed, the defendant may be convicted only of the lowest degree.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1097. When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of two or more degrees of the crime or attempted crime he is guilty, he can be convicted of the lowest of such degrees only. (Amended by Stats. 1978, Ch. 1166.) - 1098. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
Defendants jointly charged with a public offense must be tried together unless the court orders separate trials.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1098. When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, they must be tried jointly, unless the court order separate trials. In ordering separate trials, the court in its discretion may order a separate trial as to one or more defendants, and a joint trial as to the others, or may order any number of the defendants to be tried at one trial, and any number of the others at different trials, or may order a separate trial for each defendant; provided, that where two or more persons can be jointly tried, the fact that separate accusatory pleadings were filed shall not prevent their joint trial. (Amended by Stats. 1955, Ch. 103.) - 1099. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
The court may discharge a defendant, before the defendants begin their defense, so the person can be a witness for the people, if the prosecuting attorney applies.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1099. When two or more defendants are included in the same accusatory pleading, the court may, at any time before the defendants have gone into their defense, on the application of the prosecuting attorney, direct any defendant to be discharged, that he may be a witness for the people. (Amended by Stats. 1951, Ch. 1674.) - 110. Verify source ↗
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 3. Escapes and Aiding Therein [107 - 110] ( Chapter 3 enacted 1872. )
A person who brings or sends items useful for escape into a public training school or reformatory, intending to help a confined prisoner or inmate escape, commits a felony.
## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 7. OF CRIMES AGAINST PUBLIC JUSTICE [92 - 186.36] ( Title 7 enacted 1872. ) ## CHAPTER 3. Escapes and Aiding Therein [107 - 110] ( Chapter 3 enacted 1872. ) ## 110. Every person who carries or sends into a public training school, or reformatory, anything useful to aid a prisoner or inmate in making his escape, with intent thereby to facilitate the escape of any prisoner or inmate confined therein, is guilty of a felony. (Amended by Stats. 1976, Ch. 1139.) - 1100. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
If multiple defendants are charged together and the court thinks there is not enough evidence against one defendant, the court must discharge that defendant before the evidence is closed so he can be a witness for a codefendant.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1100. When two or more defendants are included in the same accusatory pleading, and the court is of opinion that in regard to a particular defendant there is not sufficient evidence to put him on his defense, it must order him to be discharged before the evidence is closed, that he may be a witness for his codefendant. (Amended by Stats. 1951, Ch. 1674.) - 11006. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 1. Administration [11006 - 11010] ( Article 1 added by Stats. 1953, Ch. 1385. )
The Attorney General must appoint necessary agents and employees for this chapter, and certain Department of Justice peace officers hired after July 1, 1973 must obtain a certificate from the Commission on Peace Officer Standards and Training.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 1. Administration [11006 - 11010] ( Article 1 added by Stats. 1953, Ch. 1385. ) ## 11006. The Attorney General shall appoint such agents and other employees as he deems necessary to carry out the provisions of this chapter. All persons employed after July 1, 1973, within the Department of Justice designated as peace officers and performing investigative duties shall be required by the department to obtain a certificate from the Commission on Peace Officer Standards and Training. (Amended by Stats. 1973, Ch. 557.) - 11008. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 1. Administration [11006 - 11010] ( Article 1 added by Stats. 1953, Ch. 1385. )
The Attorney General must periodically arrange and organize training schools in convenient locations across the State for peace officers.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 1. Administration [11006 - 11010] ( Article 1 added by Stats. 1953, Ch. 1385. ) ## 11008. The Attorney General shall from time to time arrange for and organize schools at convenient centers in the State to train peace officers in their powers and duties and in the use of approved equipment and methods for detection, identification and apprehension of criminals. (Added by Stats. 1953, Ch. 1385.) - 1101. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
An order under Sections 1099 and 1100 counts as an acquittal of the discharged defendant and bars another prosecution for the same offense.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1101. The order mentioned in Sections 1099 and 1100 is an acquittal of the defendant discharged, and is a bar to another prosecution for the same offense. (Amended by Stats. 1987, Ch. 828, Sec. 64.) - 11010. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 1. Administration [11006 - 11010] ( Article 1 added by Stats. 1953, Ch. 1385. )
The Department of Justice must adopt evidence-handling standards and guidelines for certain terrorist-related substance testing, consult specified public and law enforcement laboratories and the State Department of Health Services, and share the adopted guidance with the relevant laboratories.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 1. Administration [11006 - 11010] ( Article 1 added by Stats. 1953, Ch. 1385. ) ## 11010. (a) The Department of Justice shall adopt standards and guidelines regarding the handling of potential evidence arising out of the testing of substances that are suspected to be related to activities of terrorists, to be used by laboratories operated by or contracting with the Department of Justice, any state agency, or any local agency, and by any other laboratory in the state the department determines may test any material that may become evidence in a criminal prosecution for any crime committed in the commission of terrorist activities. (b) The standards and guidelines adopted pursuant to this section shall include information on issues that may arise in the chain of custody and the employment of controls that are suitable for preserving evidence for use in the prosecution of a crime. (c) In developing the standards for adoption pursuant to this section, the Department of Justice shall consult with appropriate laboratories of public agencies used by law enforcement agencies, law enforcement agencies, and the State Department of Health Services. (d) The Department of Justice shall make the guidelines and standards adopted pursuant to this section available to the appropriate laboratories specified in subdivision (a). (e) The provisions of this section shall be accomplished to the extent that funds are available. (Added by Stats. 2002, Ch. 125, Sec. 1. Effective July 9, 2002.) - 1102. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
The civil rules of evidence also apply in criminal actions unless this Code provides otherwise.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1102. The rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided in this Code. (Enacted 1872.) - 1102.6. Verify source ↗
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. )
Victims have a right to be present and seated at criminal proceedings, unless a court excludes them under the statute’s stated conditions.
## Penal Code - PEN ## PART 2. OF CRIMINAL PROCEDURE [681 - 1620] ( Part 2 enacted 1872. ) ## TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065 - 1188] ( Title 7 enacted 1872. ) ## CHAPTER 2. The Trial [1093 - 1130] ( Chapter 2 enacted 1872. ) ## 1102.6. The right of a victim of crime to be present during any criminal proceeding shall be secured as follows: (a) Notwithstanding any other law, and except as specified in subdivision (d), a victim shall be entitled to be present and seated at all criminal proceedings where the defendant, the prosecuting attorney, and the general public are entitled to be present. (b) A victim may be excluded from a criminal proceeding only if each of the following criteria are met: (1) Any movant, including the defendant, who seeks to exclude the victim from any criminal proceeding demonstrates that there is a substantial probability that overriding interests will be prejudiced by the presence of the victim. “Overriding interests” may include, but are not limited to, the following: (A) The defendant’s right to a fair trial. (B) The government’s interest in inhibiting the disclosure of sensitive information. (C) The protection of witnesses from harassment and physical harm. (D) The court’s interest in maintaining order. (E) The protection of sexual offense victims from the trauma and embarrassment of testifying. (F) Safeguarding the physical and psychological well-being of a minor. (G) The preservation of trade secrets. (2) The court considers reasonable alternatives to exclusion of the victim from the criminal proceeding. (3) The exclusion of the victim from any criminal proceeding, or any limitation on his or her presence at any criminal proceeding, is narrowly tailored to serve the overriding interests identified by the movant. (4) Following a hearing at which any victim who is to be excluded from a criminal proceeding is afforded an opportunity to be heard, the court makes specific factual findings that support the exclusion of the victim from, or any limitation on his or her presence at, the criminal proceeding. (c) As used in this section, “victim” means (1) the alleged victim of the offense and one person of his or her choosing or however many more the court may allow under the particular circumstances surrounding the proceeding, (2) in the event that the victim is unable to attend the proceeding, two persons designated by the victim or however many more the court may allow under the particular circumstances surrounding the proceeding, or (3) if the victim is no longer living, two members of the victim’s immediate family or however many more the court may allow under the particular circumstances surrounding the proceeding. (d) Nothing in this section shall prevent a court from excluding a victim from a criminal proceeding, pursuant to Section 777 of the Evidence Code, when the victim is subpoenaed as a witness. An order of exclusion shall be consistent with the objectives of paragraphs (1) to (4), inclusive, of subdivision (b) to allow the victim to be present, whenever possible, at all proceedings. (Repealed and added by Stats. 1995, Ch. 332, Sec. 3. Effective January 1, 1996.) - 11050. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
The Attorney General may assign one or more investigators, but only for a crime of statewide importance and only when a district attorney, sheriff, or chief of police requests it.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11050. In any crime of statewide importance, the Attorney General may, upon the request of any district attorney, sheriff or chief of police, assign to such officer so requesting, an investigator or investigators for the investigation or detection of crimes, and the apprehension or prosecution of criminals. (Amended by Stats. 1972, Ch. 1377.) - 11050.5. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
The Attorney General may provide Department of Justice laboratory resources and experts to requested law enforcement or defense officials, and the Department of Justice may charge a fee for laboratory services.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11050.5. (a) The Attorney General may, upon the request of any district attorney, sheriff, chief of police, or other local, state or federal law enforcement official, make available to such official so requesting, the department’s laboratory facilities and personnel and the department’s technical experts, including but not limited to such personnel as fingerprint examiners, criminalists, document examiners and intelligence specialists for the purpose of assisting in the investigation of criminal matters, the detection of crimes and the apprehension or prosecution of criminals. (b) The Attorney General may, upon the request of any public defender or private defense counsel appointed by the court, make available to such public defender or such private appointed counsel, the department’s laboratory facilities and personnel and the department’s technical experts, including but not limited to such personnel as fingerprint examiners, criminalists, document examiners and intelligence specialists for the purpose of assisting in the representation by such public defender or private appointed counsel of persons in criminal proceedings. The Attorney General may contract with each county whose public defender or such private appointed counsel makes requests pursuant to this subdivision for the payment of the reasonable costs of time and material in making available information, services or facilities pursuant to this subdivision. No information, services or facilities shall be made available to such public defender or private appointed counsel unless the county so contracts with the Attorney General. (c) A copy of any information, including the results of any analysis, furnished by the Attorney General to a public defender, or private defense counsel appointed by the court, pursuant to subdivision (b) shall be sent to the district attorney of the county in which the public defender is located. If this subdivision or its application to any person or circumstance is invalid, subdivision (b) shall not be operative. (d) The Department of Justice may charge a fee for the laboratory services it performs. (Amended by Stats. 1978, Ch. 1135.) - 11051. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
The Department of Justice must carry out assigned duties related to investigating, detecting, apprehending, prosecuting, or suppressing crimes.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11051. The Department of Justice shall perform duties in the investigation, detection, apprehension, prosecution or suppression of crimes as may be assigned by the Attorney General in the performance of his or her duties under Article V, Section 13 of the Constitution. (Amended by Stats. 2002, Ch. 787, Sec. 27. Effective January 1, 2003.) - 11052. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
Investigators have the same powers that state peace officers have when carrying out this chapter.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11052. For the purpose of carrying out the provisions of this chapter, the investigators shall have all the powers conferred by law upon any peace officer of this State. (Added by Stats. 1953, Ch. 1385.) - 11053. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
The Attorney General may appoint up to nine additional special criminal investigators during a war or emergency, with no more than 15 investigators employed at once.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11053. After the effective date of this chapter, and thereafter until the Governor finds and proclaims that an emergency no longer exists in preparing for the national defense, or whenever the United States is engaged in war, or whenever a war emergency has been declared to exist by the President of the United States, the Attorney General may appoint for the duration of the war or emergency, as the case may be, such additional special criminal investigators not to exceed nine in number as he deems necessary to carry out the provisions of this chapter. There shall not be more than 15 such investigators employed at any one time. The employment of such investigators shall terminate not later than 90 days after the conclusion of peace or the official termination of the emergency by the President or the Governor. (Added by Stats. 1953, Ch. 1385.) - 11054. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
The bureau and its employees may not investigate a state agency or state official unless the Attorney General authorizes it and specifically identifies the target and purpose.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11054. No investigation of the acts or conduct of any state agency or state official shall be initiated or made through or by the bureau or any employee thereof, without the authorization of the Attorney General particularly specifying the office, department or person to be investigated and the scope and purposes of the investigation. (Added by Stats. 1953, Ch. 1385.) - 11055. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. )
The Department of Justice’s Foreign Prosecution and Law Enforcement Unit must provide specified assistance, information, tracking, and coordination support for foreign prosecution and related international law enforcement matters.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2. Criminal Investigation [11050 - 11055] ( Article 2 added by Stats. 1953, Ch. 1385. ) ## 11055. (a) There is within the Department of Justice the Foreign Prosecution and Law Enforcement Unit designated with the responsibility for assisting local law enforcement agencies with foreign prosecutions, child abduction recoveries and returns under the Hague Convention on the Civil Aspects of International Child Abduction, and law enforcement investigative matters. The unit is also responsible for assisting local law enforcement in obtaining information from foreign officials on foreign prosecution matters. (b) The Foreign Prosecution and Law Enforcement Unit shall do all of the following: (1) For those countries having extraterritorial jurisdiction allowing for the prosecution of their citizens for crimes committed in California, the unit shall, upon request, provide informational assistance to local law enforcement on foreign prosecution protocols and provide technical assistance in preparing investigative materials for forwarding and filing in international jurisdictions. The unit shall provide information and assistance on the scope and uses of foreign prosecution to California prosecutors and law enforcement agencies. The unit shall be responsible for tracking foreign prosecution cases presented by California law enforcement agencies. The unit shall collect information on a statewide basis regarding foreign prosecution cases for the primary purpose of analyzing the information it collects and disseminating its conclusions to local law enforcement agencies. Local law enforcement agencies shall retain the authority to prepare and present foreign prosecution cases without the assistance of the unit. (2) The unit shall assist district attorneys in recovering children from Mexico, and, where appropriate, other countries either in court-ordered returns pursuant to the Hague Convention or voluntary returns. (3) The unit shall, upon request, assist local law enforcement agencies and foreign law enforcement in formal requests under the Mutual Legal Assistance Treaty. The unit shall, upon request, also assist California law enforcement agencies and foreign officials in informal requests for mutual legal assistance. (4) The unit, under the direction of the Attorney General, shall provide information to local law enforcement on sensitive diplomatic issues. (Amended by Stats. 2005, Ch. 22, Sec. 151. Effective January 1, 2006.) - 11060. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. )
This section establishes the California Criminalistics Institute within the Bureau of Forensic Services of the Department of Justice.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. ) ## 11060. There is hereby established in the Bureau of Forensic Services of the Department of Justice the California Criminalistics Institute. The purposes of the institute shall include, but need not be limited to, the facilitation of a comprehensive and coordinated approach to meet the high technology forensic science needs of crime laboratories operated by the department and local law enforcement agencies, the provision of a statewide upgrading of advanced laboratory services incorporating new and developing technologies, the provision of training and methodology development for all law enforcement agencies, and the handling of advanced casework laboratory referral services. The California Criminalistics Institute is intended for use by state and local forensic scientists and law enforcement personnel. (Amended by Stats. 1993, Ch. 56, Sec. 28. Effective January 1, 1994.) - 11061. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. )
The Department of Justice, California State University, and, if the regents agree, the University of California must work together to expand DNA training opportunities.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. ) ## 11061. To meet the increasing statewide need for criminalists properly trained in DNA analysis, the Department of Justice, the California State University, and, upon agreement by the regents, the University of California, shall work together to enhance collaborative opportunities for DNA training of university students, graduates, and existing employees of crime laboratories. (Added by Stats. 2001, Ch. 477, Sec. 2. Effective January 1, 2002.) - 11061.5. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. )
The Department of Justice must develop and coordinate a forensic DNA internship program for graduate students, with funding and implementation tied to appropriations and specified conditions.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. ) ## 11061.5. (a) The Department of Justice, through its California Criminalistics Institute, shall develop and coordinate an internship program in forensic DNA analysis for graduate-level students. (1) Candidates for the program must possess at least a baccalaureate degree. (2) The program shall be associated with graduate academic programs at accredited postsecondary institutions including the University of California and the California State University. (3) The program shall include a one-year internship at a public forensic DNA laboratory for which the interns shall receive a stipend or fellowship funded by the Department of Justice. (4) The program shall be designed to prepare students to meet national standards for DNA analysis, such as those established by the DNA Advisory Board (DAB) and the Scientific Working Group on DNA Analysis Methods (SWGDAM). (5) In order to complete the program, interns shall be required to successfully complete a national certification examination like that administered in forensic molecular biology by the American Board of Criminalistics. (b) Funding for the provisions of this measure shall be subject to both of the following conditions: (1) The Department of Justice shall establish a working partnership and affiliation with accredited postsecondary institutions that can provide graduate-level academic programing. (2) The Department of Justice shall submit a budgetary request for the internship program to the Director of the Department of Finance by May 15, 2002. (c) The provisions of this act may only be implemented to the extent funds are appropriated for their purposes in the annual Budget Act. (Added by Stats. 2001, Ch. 477, Sec. 3. Effective January 1, 2002.) - 11062. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. )
The Department of Justice must create and chair a task force on California’s crime laboratory system, and the task force must review the system and report its findings.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.3. California Criminalistics Institute [11060 - 11062] ( Article 2.3 added by Stats. 1986, Ch. 1040, Sec. 1. ) ## 11062. (a) The Department of Justice shall establish and chair a task force to conduct a review of California’s crime laboratory system. (b) The task force shall be known as the “Crime Laboratory Review Task Force.” The composition of the task force shall, except as specified in paragraph (16), be comprised of one representative of each of the following entities: (1) The Department of Justice. (2) The California Association of Crime Laboratory Directors. (3) The California Association of Criminalists. (4) The International Association for Identification. (5) The American Society of Crime Laboratory Directors. (6) The Department of the California Highway Patrol. (7) The California State Sheriffs’ Association, from a department with a crime laboratory. (8) The California District Attorneys Association, from an office with a crime laboratory. (9) The California Police Chiefs Association, from a department with a crime laboratory. (10) The California Peace Officers’ Association. (11) The California Public Defenders Association. (12) A private criminal defense attorney organization. (13) The Judicial Council, to be appointed by the Chief Justice. (14) The Office of the Speaker of the Assembly. (15) The Office of the President pro Tempore of the Senate. (16) Two representatives to be appointed by the Governor. (c) The task force shall review and make recommendations as to how best to configure, fund, and improve the delivery of state and local crime laboratory services in the future. To the extent feasible, the review and recommendations shall include, but are not limited to, addressing the following issues: (1) With respect to organization and management of crime laboratory services, consideration of the following: (A) If the existing mix of state and local crime laboratories is the most effective and efficient means to meet California’s future needs. (B) Whether laboratories should be further consolidated. If consolidation occurs, who should have oversight of crime laboratories. (C) If management responsibilities for some laboratories should be transferred. (D) Whether all laboratories should provide similar services. (E) How other states have addressed similar issues. (2) With respect to staff and training, consideration of the following: (A) How to address recruiting and retention problems of laboratory staff. (B) Whether educational and training opportunities are adequate to supply the needs of fully trained forensic criminalists in the future. (C) Whether continuing education is available to ensure that forensic science personnel are up-to-date in their fields of expertise. (D) If crime laboratory personnel should be certified, and, if so, the appropriate agency to assume this responsibility. (E) The future educational role, if any, for the University of California or the California State University. (3) With respect to funding, consideration of the following: (A) Whether the current method of funding laboratories is predictable, stable, and adequate to meet future growth demands and to provide accurate and timely testing results. (B) The adequacy of salary structures to attract and retain competent analysts and examiners. (4) With respect to performance standards and equipment, consideration of the following: (A) Whether workload demands are being prioritized properly and whether there are important workload issues not being addressed. (B) If existing laboratories have the necessary capabilities, staffing, and equipment. (C) If statewide standards should be developed for the accreditation of forensic laboratories, including minimum staffing levels, and if so, a determination regarding what entity should serve as the sanctioning body. (d) The task force also shall seek input from specialized law enforcement disciplines, other state and local agencies, relevant advocacy groups, and the public. The final report also shall include a complete inventory of existing California crime laboratories. This inventory shall contain sufficient details on staffing, workload, budget, major instrumentation, and organizational placement within the controlling agency. (e) The first meeting of the task force shall occur no later than December 9, 2007. (f) On or before July 1, 2009, the task force shall submit a final report of its findings to the Department of Finance and to the budget and public safety committees of both houses of the Legislature. (Amended by Stats. 2008, Ch. 179, Sec. 182. Effective January 1, 2009.) - 11070. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.4. Tribal Assistance Program [11070- 11070.] ( Article 2.4 added by Stats. 2020, Ch. 170, Sec. 2. )
The Department of Justice must provide technical assistance to certain local law enforcement agencies and tribal governments, conduct a study on missing Native Americans, and report the study results to the Legislature.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.4. Tribal Assistance Program [11070- 11070.] ( Article 2.4 added by Stats. 2020, Ch. 170, Sec. 2. ) ## 11070. (a) To improve upon the implementation of concurrent criminal jurisdiction on California Indian lands, the Department of Justice shall, subject to an appropriation by the Legislature, in a manner to be prescribed by the department, provide technical assistance to local law enforcement agencies that have Indian lands within or abutting their jurisdictions, and to tribal governments with Indian lands, including those with and without tribal law enforcement agencies, to include, but not be limited to, all of the following: (1) Providing guidance for law enforcement education and training on policing and criminal investigations on Indian lands that supports consistent implementation of California’s responsibilities for enforcing statewide criminal laws on Indian lands that protect the health, safety, and welfare of tribal citizens on Indian lands. (2) Providing guidance on improving crime reporting, crime statistics, criminal procedures, and investigative tools for conducting police investigations of statewide criminal laws on Indian lands. (3) Providing educational materials about the complexities of concurrent criminal jurisdiction with tribal governments and their tribal law enforcement agencies, specifically to tribal citizens on Indian lands, including information on how to report a crime, and information relating to victim’s rights and victim services in California. (4) Facilitating and supporting improved communication between local law enforcement agencies and tribal governments or tribal law enforcement agencies for purposes of consistent implementation of concurrent criminal jurisdiction on California Indian lands. (b) (1) To address the issues involving missing and murdered Native Americans in California, particularly missing and murdered Native American women and girls, the department shall, subject to an appropriation by the Legislature, in a manner to be prescribed by the department, conduct a study to determine how to increase state criminal justice protective and investigative resources for reporting and identifying missing Native Americans in California, particularly women and girls. The study shall include all of the following: (A) A determination of the scope of the issue of missing and murdered Native Americans in California, particularly women and girls. (B) Identification of barriers in reporting or investigating missing Native Americans in California, particularly women and girls. (C) Ways to create partnerships to increase cross-reporting and investigation of missing Native Americans in California, particularly women and girls, between federal, state, local, and tribal governments, including tribal governments without tribal law enforcement agencies. (2) As part of the study, the department shall conduct outreach to tribal governments in California, Native American communities, local, tribal, state, and federal law enforcement agencies, and state and tribal courts. (3) The department shall submit a report to the Legislature upon completion of the study. The report shall include all of the following: (A) Data and analysis of the number of missing Native Americans in California, particularly women and girls. (B) Identification of the barriers to providing state resources to address the issue. (C) Recommendations, including any proposed legislation, to improve the reporting and identification of missing Native Americans in California, particularly women and girls. (c) (1) The requirement for submitting a report imposed pursuant to paragraph (3) of subdivision (b) is inoperative on January 1, 2025, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to paragraph (3) of subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2020, Ch. 170, Sec. 2. (AB 3099) Effective January 1, 2021.) - 11073. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.45. Tribal Police Pilot Program [11073 - 11073.6] ( Article 2.45 added by Stats. 2025, Ch. 10, Sec. 21. )
This section creates a Tribal Police Pilot Program and sets conditions for participating tribes, qualified members, reporting, oversight, and related tribal laws.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.45. Tribal Police Pilot Program [11073 - 11073.6] ( Article 2.45 added by Stats. 2025, Ch. 10, Sec. 21. ) ## 11073. (a) The Tribal Police Pilot Program is hereby established to operate from July 1, 2026, until July 1, 2029, under the direction of the Department of Justice and the Commission on Peace Officer Standards and Training. (b) Notwithstanding any contrary provision of law, any qualified entity may notify the department that they wish to enroll in the pilot program and, upon verification by the department, in coordination with the commission, that the entity has complied with the requirements prescribed in subdivision (d), any qualified member of that entity shall be deemed a peace officer as provided in Section 830.83. (c) (1) A person shall not be a qualified member unless the person completes and maintains all applicable requirements for the appointment, training, education, hiring, eligibility, and certification required for peace officers under state law, including, without limitation, those described in Sections 832 and 832.55 and any regulations adopted thereunder. (2) A qualified member is subject to the requirements of Sections 13500 to 13519.15, inclusive, of this code, Sections 1029, 1030, 1031, and 1031.4 of the Government Code, and any regulations adopted thereto. (3) A qualified entity designating a person as a peace officer pursuant to this program shall document that person’s compliance with this subdivision and Section 832.55 and submit that documentation to the Commission on Peace Officer Standards and Training. (d) A qualified entity enrolled in this pilot program shall do all of the following: (1) Enact and maintain in continuous force a tribal law or resolution expressing their intent that tribal officers participating in this pilot program be California peace officers, and that the qualified entity be similarly situated to a California local law enforcement agency employing California peace officers, and adopting any requirements prescribed by this section and Sections 830.83 and 832.55. (2) Adopt and maintain in continuous force for a period of no less than three years after the conclusion of the pilot program, tribal law that provides public access to records, and related procedures and remedies substantively identical to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) as to any record related to this pilot program. Such records include, without limitation, any record related to conduct specified in Section 832.7 by a person designated as a peace officer pursuant to this program, including any administrative record of the tribe specifically related to such conduct. (3) Adopt and maintain in continuous force tribal law that provides procedures and remedies substantively identical to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) for any claim arising from any actions or omissions of a tribal police officer acting as a California peace officer pursuant to this program. (4) Adopt and maintain in continuous force for no less than three years after the conclusion of the pilot program, tribal law that contains all of the following: (A) A clear and unequivocal limited waiver of tribal sovereign immunity against any suit, liability, and judgment, including the full enforcement of judgments and collections for a peace officer designated pursuant to this program, in connection with any act or omission arising out of the qualified entity’s participation in this pilot program, including, but not limited to, any act or omission by a tribal law enforcement officer exercising, or purporting to exercise, the authority granted by Section 830.83. (B) An express agreement that the substantive and procedural laws of the State of California or of the United States, as applicable to California peace officers and their employers, shall govern any claim, suit, or regulatory or administrative action, and that the obligations, rights, and remedies shall be determined in accordance with those laws, and by the courts of the State of California or of the federal government, as applicable. This clause does not limit the jurisdiction of the court of a tribe, but the qualified entity shall clearly and unequivocally waive any right to require the exhaustion of remedies in a tribal court in connection with this pilot program. (C) An express acknowledgment of the Attorney General’s inherent authority over the peace officers and law enforcement agencies of the state pursuant to Section 13 of Article V of the California Constitution and a grant of authority over tribal law enforcement agencies to the Attorney General for the duration of the pilot program or later if there is an ongoing inspection, audit, review, or investigation. (D) An express agreement that the qualified entity and its officers, employees, and other agents shall cooperate with any inspections, audits, and investigations by the Department of Justice or the Commission on Peace Officer Standards and Training in connection with the qualified entity’s participation in this pilot program, including any sanction or discipline imposed by the department or commission, up to and including removal of the qualified entity from the pilot program described in this section. This section shall not limit the Attorney General’s authority pursuant to Section 52.3 of the Civil Code and Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code to investigate a tribal law enforcement agency participating in this pilot program or to prosecute any action resulting from their participation. (E) (i) A requirement for the qualified entity to carry sufficient insurance coverage for the liability of the qualified entity and its officers, employees, and other agents arising out of the qualified entity’s participation in this pilot program. (ii) The department shall determine, in consultation with the qualified entity, the amount of coverage that is sufficient for the requirement in clause (i). (5) Comply with all applicable provisions of Section 832.5 and Chapter 1 (commencing with Section 13500) of Title 4, including all applicable remedies. (6) Submit all required documentation of compliance with this subdivision to the Commission on Peace Officer Standards and Training, in a manner and form prescribed by the commission. (7) Submit any data, statistics, reports, or other information requested by the Department of Justice for the monitoring and evaluation of the pilot program to the department in a manner and form prescribed by the department. (8) Comply with all applicable provisions of Sections 13012, 13020 to 13023, inclusive, 13730, 13777, and 13519.4 of this code, Sections 7284.6, 12525, 12525.2, and 12525.5 of the Government Code, and any implementing regulations thereof, and all applicable remedies. (9) Comply with any investigation or review by the Attorney General required under Section 12525.3 of the Government Code. (10) Adopt and maintain in continuous force a policy prohibiting law enforcement gangs as required by Section 13670. (11) Adopt and maintain in continuous force an ordinance or other enforceable policy that complies with the requirements of Section 13650. (e) A qualified entity enrolled in this pilot program may establish a domestic violence death review team as described in, and subject to the applicable provisions of, Sections 11163.3 to 11163.5, inclusive. (f) When a peace officer authorized under this program issues a citation for a violation of state law, the citation shall require the person cited to appear in the superior court of the county in which the offense was committed, and shall be submitted to the district attorney of that county. (g) Any criminal charge resulting from a custodial arrest made by, or citation issued by, a peace officer designated pursuant to this program, while exercising the authority granted by Section 830.83, shall be within the jurisdiction of the courts of the State of California. (h) Any official action taken by a peace officer designated pursuant to this program, while exercising the authority granted by Section 830.83, including, without limitation, any detention, arrest, use of force, citation, release, search, or application for, or service of, any warrant, shall be taken in accordance with all laws applicable to a California peace officer employed by a local law enforcement agency. (i) The sovereign immunity of the state shall not extend to any act or omission arising out of the qualified entity’s participation in this pilot program, including, without limitation, any act or omission by a tribal law enforcement officer exercising, or purporting to exercise, any authority as a California peace officer. It is the intent of the Legislature that such tribal law enforcement officers be similarly situated to California peace officers employed by local law enforcement agencies. (j) The peace officer authority granted to any person pursuant to this program shall be automatically revoked on July 1, 2029. (k) (1) The Attorney General, in coordination with the Commission on Peace Officer Standards and Training, shall provide ongoing monitoring, evaluation, and support for the pilot program. This subdivision does not require the Attorney General or the commission to provide legal representation, advice, or counsel to any program participant. (2) A qualified entity may terminate their participation in the pilot program at will, however, the requirements of paragraphs (2), (3), and (4) of subdivision (d) shall remain in effect. (3) The Department of Justice, in coordination with the Commission on Peace Officer Standards and Training, may suspend or terminate a qualified entity’s participation in the program for gross misconduct or for willful or persistent failure to comply with the requirements of this article. (4) (A) (i) By no later than July 1, 2028, the department shall prepare and submit an interim report to the Legislature, the Assembly Select Committee on Native American Affairs, and the Assembly and Senate Public Safety Committees. (ii) By no later than January 1, 2030, the department shall prepare and submit a final report to the Legislature, the Assembly Select Committee on Native American Affairs, and the Assembly and Senate Public Safety Committees. (B) The reports required by this section shall include, without limitation, the impacts of the pilot program on case clearance rates, including, without limitation, homicide and missing persons cases, the impact of the pilot program on crime rates on Indian lands and surrounding communities, the impact of the pilot program on recruitment and retention of tribal police, a discussion of feasibility and implementation difficulties, and recommendations to the Legislature. (C) The reports required by this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (l) The Tribal Police Pilot Fund is hereby created in the State Treasury. All moneys in the fund, upon appropriation by the Legislature, shall be used to assist Tribal Police Pilot Program participants with fiscal needs associated with the development of information technology, such as the establishment of databases and recordkeeping, necessary for the purposes of complying with any state-mandated reporting required of California law enforcement agencies and employers of peace officers. (m) This section shall be construed to empower Indian tribes and tribal law enforcement officers to exercise powers conferred by the laws of the State of California in a manner consistent with those laws. Such powers are in addition to a tribe’s inherent powers of self-government. This section shall not be construed to infringe upon the sovereignty of any Indian tribe nor their inherent authority to self-govern, including the authority to enact laws that govern their lands. (n) Participating tribes may enter into an agreement to share liability and collaborate on Missing and Murdered Indigenous Persons cases. (o) As used in this section, the following terms are defined as follows: (1) “Department” means the Department of Justice or any subdivision thereof to whom the Attorney General has delegated responsibility for the provisions of this section. (2) “Indian country” has the same meaning as provided in Section 1151 of Title 18 of the United States Code. (3) “Qualified entity” means any of the three federally recognized tribes to be selected by the department, provided that those tribes elect to participate. In selecting the tribes, the department shall consider selecting tribes of different sizes from different parts of the state, as well as a tribe’s access to public safety resources. (4) “Qualified member” means a chief of police who is appointed by, or a person who is regularly employed as a law enforcement, police, or public safety officer or investigator by, a qualified entity, and who meets all of the requirements and qualifications in subdivision (c), and who has been designated by the qualified entity to be a peace officer pursuant to this program. (Added by Stats. 2025, Ch. 10, Sec. 21. (AB 134) Effective June 27, 2025. Conditionally operative pursuant to Section 11073.6. Repealed as of January 1, 2032, pursuant to Section 11073.5.) - 11073.5. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.45. Tribal Police Pilot Program [11073 - 11073.6] ( Article 2.45 added by Stats. 2025, Ch. 10, Sec. 21. )
This section ends the article on January 1, 2032, and the article is repealed on that date.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.45. Tribal Police Pilot Program [11073 - 11073.6] ( Article 2.45 added by Stats. 2025, Ch. 10, Sec. 21. ) ## 11073.5. This article shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2025, Ch. 10, Sec. 21. (AB 134) Effective June 27, 2025. Conditionally operative pursuant to Section 11073.6. Repealed as of January 1, 2032, by its own provisions. Note: Repeal affects Article 2.45, comprising Sections 11073 to 11073.6.) - 11073.6. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.45. Tribal Police Pilot Program [11073 - 11073.6] ( Article 2.45 added by Stats. 2025, Ch. 10, Sec. 21. )
This article takes effect only if the Legislature appropriates funds for it, and it is set to be repealed on January 1, 2032.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.45. Tribal Police Pilot Program [11073 - 11073.6] ( Article 2.45 added by Stats. 2025, Ch. 10, Sec. 21. ) ## 11073.6. This article shall become operative only upon an appropriation of funds by the Legislature for the purposes of this article. (Added by Stats. 2025, Ch. 10, Sec. 21. (AB 134) Effective June 27, 2025. Repealed as of January 1, 2032, pursuant to Section 11073.5.) - 11075. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
This section defines “criminal offender record information” and says it is limited to records made from an arrest, detention, or other initiation of criminal proceedings, or related proceedings.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11075. (a) As used in this article, “criminal offender record information” means records and data compiled by criminal justice agencies for purposes of identifying criminal offenders and of maintaining as to each such offender a summary of arrests, pretrial proceedings, the nature and disposition of criminal charges, sentencing, incarceration, rehabilitation, and release. (b) Such information shall be restricted to that which is recorded as the result of an arrest, detention, or other initiation of criminal proceedings or of any consequent proceedings related thereto. (Added by Stats. 1972, Ch. 1437.) - 11076. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
Criminal offender record information may be shared only with agencies authorized by statute.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11076. Criminal offender record information shall be disseminated, whether directly or through any intermediary, only to such agencies as are, or may subsequently be, authorized access to such records by statute. (Added by Stats. 1972, Ch. 1437.) - 11077. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
The Attorney General must protect criminal offender record information and issue regulations for its secure use and limited dissemination.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11077. The Attorney General is responsible for the security of criminal offender record information. To this end, he or she shall: (a) Establish regulations to assure the security of criminal offender record information from unauthorized access and disclosures by individuals and public and private agencies at all levels of operation in this state. (b) Establish regulations to assure that this information is disseminated only in situations in which it is demonstrably required for the performance of an agency’s or official’s functions. (c) Coordinate these activities with those of any interstate systems for the exchange of criminal offender record information. (d) Cause to be initiated for employees of all agencies that maintain, receive, or are eligible to maintain or receive, criminal offender record information a continuing educational program in the proper use and control of criminal offender record information. (e) Establish regulations as he or she finds appropriate to carry out his or her functions under this article. (Amended by Stats. 2003, Ch. 470, Sec. 1. Effective January 1, 2004.) - 11077.1. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
The Department of Justice must accept fingerprint submissions for certain record-check requests only when they are electronically transmitted, but may accept hard fingerprint cards in specified circumstances.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11077.1. (a) Commencing July 1, 2005, and except as provided by subdivision (b), the Department of Justice shall accept fingerprint images and related information to process criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes, only if those images and related information are electronically transmitted. The department shall continually monitor the statewide availability of electronic transmission sights and work with public and private entities to ensure reasonable availability is maintained. (b) The department shall, based on the regional unavailability of electronic transmission sites or when departmental processing procedures show a need, accept hard fingerprint cards in order to process criminal offender record information requests for employment, licensing, certification, custodial child placement, or adoption purposes. (Added by Stats. 2003, Ch. 470, Sec. 2. Effective January 1, 2004.) - 11077.2. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
The Attorney General must establish a criminal record communication network, and users must follow training, security, equipment, and connection rules set by the department.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11077.2. (a) The Attorney General shall establish a communication network that allows the transmission of requests from private service providers in California to the Department of Justice for criminal offender record information for purposes of employment, licensing, certification, custodial child placement or adoption. The communication network shall allow any entity that is approved by the department to connect directly to the department. (b) Users of the communication network shall undergo initial and remedial training as determined by the department. Failure or refusal to comply with the training requirement shall terminate the connection to the communication network until the training is completed. The scope of the training and the entities’ level of participation shall be determined by the department. (c) Users of the communication network shall comply with any policy, practice, procedure, or requirement deemed necessary by the department to maintain network security and stability. Failure or refusal to comply shall terminate the connection to the communication network until the department determines that there is satisfactory compliance. (d) Users of the communication network shall only use hardware and software in relation to or for connection to the communication network that is currently approved and certified by the department, the National Institute of Standards and Technology, and the Federal Bureau of Investigation. (e) Users of the communication network shall be independently responsible for securing all hardware, software, and telecommunication service or linkage necessary to accomplish connection to the communication network, once they are authorized by the department. (f) The communication network shall be implemented by July 1, 2004. (g) Nothing in this section is intended to authorize any entity to access or receive criminal offender record information from the Department of Justice. (Added by Stats. 2003, Ch. 470, Sec. 3. Effective January 1, 2004.) - 11078. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
Agencies that hold or receive criminal offender record information in a computerized system must keep a list of the agencies they have released or communicated that information to, for the period the Attorney General finds appropriate.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11078. Each agency holding or receiving criminal offender record information in a computerized system shall maintain, for such period as is found by the Attorney General to be appropriate, a listing of the agencies to which it has released or communicated such information. (Added by Stats. 1972, Ch. 1437.) - 11079. Verify source ↗
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. )
The Attorney General may investigate and may require certain agencies to provide criminal-record data and related reports. Agencies covered by the section must comply, and noncompliance can lead to loss of access to Department of Justice criminal offender record information until corrected.
## Penal Code - PEN ## PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 - 14315] ( Part 4 added by Stats. 1953, Ch. 1385. ) ## TITLE 1. INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS [11006 - 11482] ( Title 1 added by Stats. 1953, Ch. 1385. ) ## CHAPTER 1. Investigation, Identification, and Information Responsibilities of the Department of Justice [11006 - 11144] ( Heading of Chapter 1 amended by Stats. 1972, Ch. 1377. ) ## ARTICLE 2.5. Criminal Record Dissemination [11075 - 11081] ( Article 2.5 added by Stats. 1972, Ch. 1437. ) ## 11079. (a) The Attorney General may conduct inquiries and investigations as he or she finds appropriate to carry out functions under this article. The Attorney General may for this purpose direct any agency, including a tribal court or tribal child welfare agency of a tribe or consortium of tribes that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, that maintains, or has received, or that is eligible to maintain or receive criminal offender records to produce for inspection statistical data, reports, and other information concerning the storage and dissemination of criminal offender record information. Each agency is authorized and directed to provide that data, reports, and other information. (b) Notwithstanding any other law, any entity described in subdivision (a) that fails to comply with the requirements of this section shall lose access to criminal offender record information maintained by the Department of Justice until correction of the noncompliance is demonstrated. (Amended by Stats. 2007, Ch. 583, Sec. 16. Effective January 1, 2008.)
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