PC1000 - Revision history

Sysop at 00:21, 12 January 2018

2018-01-12T00:21:41Z

← Older revision		Revision as of 00:21, 12 January 2018
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	\|}		\|}





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	==Statutes==		==Statutes==

Sysop at 00:21, 12 January 2018

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 # &nbsp;
 # No felony within past 5 years.
 |}

Sysop at 00:12, 12 January 2018

2018-01-12T00:12:24Z

← Older revision		Revision as of 00:12, 12 January 2018
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	# Instant offense did not involve violence		# Instant offense did not involve violence
	# Instant offense did not involve non-PC1000-eligible drug		# Instant offense did not involve non-PC1000-eligible drug
	~~# Can’t have probation or parole revoked and not completed~~
	#		#
	#		#

Sysop at 00:11, 12 January 2018

2018-01-12T00:11:53Z

← Older revision		Revision as of 00:11, 12 January 2018
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	# No PC1000 within past 5 years		# No PC1000 within past 5 years
	# No felony within past 5 years.		# No felony within past 5 years.
	\|# No ~~prior~~ drug ~~convictions.<BR>~~# Instant offense did not involve violence~~<BR>~~# ~~No current or prior use of drug other than~~ PC1000 eligible ~~drugs<BR>~~# Can’t have probation or parole revoked and not completed~~<BR>~~# ~~No PC1000 within past 5 years<BR>~~# No felony within past 5 years.		\|
			# No drug conviction other than PC1000 eligible offenses within past 5 years
			# Instant offense did not involve violence
			# Instant offense did not involve non-PC1000-eligible drug
			# Can’t have probation or parole revoked and not completed
			#
			#
			# No felony within past 5 years.
	\|}		\|}

Sysop at 00:09, 12 January 2018

2018-01-12T00:09:56Z

← Older revision		Revision as of 00:09, 12 January 2018
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	\|-		\|-
	! scope="row"\|Conditions for eligibility		! scope="row"\|Conditions for eligibility
	\|# No prior drug convictions.		\|
			# No prior drug convictions.
	# Instant offense did not involve violence		# Instant offense did not involve violence
	# No current or prior use of drug other than PC1000 eligible drugs		# No current or prior use of drug other than PC1000 eligible drugs

Sysop at 00:09, 12 January 2018

2018-01-12T00:09:38Z

← Older revision		Revision as of 00:09, 12 January 2018
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	\|-		\|-
	! scope="row"\|Conditions for eligibility		! scope="row"\|Conditions for eligibility
	\| $1.90		\|# No prior drug convictions.
	\|#No prior drug convictions.<BR>#Instant offense did not involve violence<BR>#No current or prior use of drug other than PC1000 eligible drugs<BR>#Can’t have probation or parole revoked and not completed<BR>#No PC1000 within past 5 years<BR>#No felony within past 5 years.		# Instant offense did not involve violence
			# No current or prior use of drug other than PC1000 eligible drugs
			# Can’t have probation or parole revoked and not completed
			# No PC1000 within past 5 years
			# No felony within past 5 years.
			\|# No prior drug convictions.<BR># Instant offense did not involve violence<BR># No current or prior use of drug other than PC1000 eligible drugs<BR># Can’t have probation or parole revoked and not completed<BR># No PC1000 within past 5 years<BR># No felony within past 5 years.
	\|}		\|}

Sysop at 00:08, 12 January 2018

2018-01-12T00:08:08Z

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 PC1000 was significantly amended by Stats. 2017, Ch. 778 (AB208).
 ==Statutes==
 ===Penal Code &sect;1000===
 ====From 01/01/11 to 12/31/17====

Sysop: /* From 01/01/11 to 12/31/17 */

2018-01-11T23:26:23Z

From 01/01/11 to 12/31/17

← Older revision		Revision as of 23:26, 11 January 2018
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	===Penal Code §1000.5===		===Penal Code §1000.5===
	====From 01/01/11 to 12/31/17====		====From 01/01/11 to 12/31/17====
	(a)		(a) 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, urine analysis 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 deferred entry of judgment program as provided in this chapter.
	~~:(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, urine analysis 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 deferred entry of judgment 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 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.		(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. 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.

	====From 01/01/18 onwards====		====From 01/01/18 onwards====

Sysop at 23:23, 11 January 2018

2018-01-11T23:23:52Z

Show changes

Sysop: /* Penal Code §1000.1 */

2018-01-11T23:19:58Z

Penal Code §1000.1

← Older revision		Revision as of 23:19, 11 January 2018
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	(d) A defendant's plea of guilty pursuant to this chapter shall not constitute a conviction for any purpose unless a judgment of guilty is entered pursuant to Section 1000.3.		(d) A defendant's plea of guilty pursuant to this chapter shall not constitute a conviction for any purpose unless a judgment of guilty is entered pursuant to Section 1000.3.


	====From 01/01/18 onwards====		====From 01/01/18 onwards====
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	(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.		(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.

			===Penal Code §1000.2===
	====Penal Code §1000.2====
	====From 01/01/11 to 12/31/17====		====From 01/01/11 to 12/31/17====
	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 deferred entry of judgment. If the court does not deem the defendant a person who would be benefited by deferred entry of judgment, or if the defendant does not consent to participate, the proceedings shall continue as in any other case.		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 deferred entry of judgment. If the court does not deem the defendant a person who would be benefited by deferred entry of judgment, or if the defendant does not consent to participate, the proceedings shall continue as in any other case.
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	The period during which deferred entry of judgment is granted shall be for no less than 18 months nor longer than three years. Progress reports shall be filed by the probation department with the court as directed by the court.		The period during which deferred entry of judgment is granted shall be for no less than 18 months nor longer than three years. Progress reports shall be filed by the probation department with the court as directed by the court.

	====Penal Code §1000.3====		====From 01/01/18 onwards====
			(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.


			===Penal Code §1000.3===
	====From 01/01/11 to 12/31/17====		====From 01/01/11 to 12/31/17====
	If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from education, treatment, or rehabilitation, or that the defendant is convicted of a misdemeanor that reflects the defendant's propensity for violence, or the defendant is convicted of a felony, or the defendant has engaged in criminal conduct rendering him or her unsuitable for deferred entry of judgment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment.		If it appears to the prosecuting attorney, the court, or the probation department that the defendant is performing unsatisfactorily in the assigned program, or that the defendant is not benefiting from education, treatment, or rehabilitation, or that the defendant is convicted of a misdemeanor that reflects the defendant's propensity for violence, or the defendant is convicted of a felony, or the defendant has engaged in criminal conduct rendering him or her unsuitable for deferred entry of judgment, the prosecuting attorney, the court on its own, or the probation department may make a motion for entry of judgment.
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	Prior to dismissing the charge or charges or rendering a finding of guilt and entering judgment, 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 his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2.		Prior to dismissing the charge or charges or rendering a finding of guilt and entering judgment, 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 his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2.

	====Penal Code §1000.4====		====From 01/01/18 onwards====
			(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 his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2.

			===Penal Code §1000.4===
	====From 01/01/11 to 12/31/17====		====From 01/01/11 to 12/31/17====
	(a) Any record filed with the Department of Justice shall indicate the disposition in those cases deferred pursuant to this chapter. Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. 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 deferred entry of judgment for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a deferred entry of judgment 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.		(a) Any record filed with the Department of Justice shall indicate the disposition in those cases deferred pursuant to this chapter. Upon successful completion of a deferred entry of judgment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. 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 deferred entry of judgment for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a deferred entry of judgment 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.
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	(b) The defendant shall be advised that, regardless of his or her successful completion of the deferred entry of judgment program, the arrest upon which the judgment was deferred 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.		(b) The defendant shall be advised that, regardless of his or her successful completion of the deferred entry of judgment program, the arrest upon which the judgment was deferred 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.

	====Penal Code §1000.5====


			===Penal Code §1000.5===
	====From 01/01/11 to 12/31/17====		====From 01/01/11 to 12/31/17====
	(a)		(a)
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	(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.		(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.

	====Penal Code §1000.6====		===Penal Code §1000.6===
	====From 01/01/11 to 12/31/17====		====From 01/01/11 to 12/31/17====
	(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.		(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.
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	====Penal Code section 1000.2.====		====Penal Code section 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.

	====Penal Code section 1000.3.====		====Penal Code section 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 his or her financial obligation to the program, if any. As provided in Section 1203.1b, the defendant shall reimburse the probation department for the reasonable cost of any program investigation or progress report filed with the court as directed pursuant to Sections 1000.1 and 1000.2.

	====Penal Code section 1000.4.====		====Penal Code section 1000.4.====