Napa — Order for Diversion Evaluation (Pen. Code § 1001.22)

Source: https://www.napa.courts.ca.gov/sites/default/files/pdfs/Localrules/CR-92%20Order%20for%20Diversion%20Evaluation%20%28PC%201001-22%29%202020%207%201.pdf

CR-92 SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA FOR COURT USE ONLY

PEOPLE OF THE STATE OF CALIFORNIA

v.

DEFENDANT:

CASE NUMBER: PID & EVENT NUMBER:

ORDER FOR DIVERSION EVALUATION FELONY
(Penal Code § 1001.22) MISDEMEANOR

The Court suspects that Defendant may have a cognitive developmental disability, as defined in Penal Code section 1001.20. Defendant, who is represented by counsel, has consented to the diversion process, and to having this case evaluated for eligibility for Regional Center services, and waives the right to a speedy trial. The Court, therefore, issues this order requiring the preparation of evaluation reports as set forth below. Each report shall be prepared CONCURRENTLY.

North Bay Regional Center (NBRC) shall submit a report to Napa County Probation by __ ___ (25 judicial
days from order). The report shall include all information required by Penal Code section 1001.22(a).

The District Attorney shall submit a report to the court, to Probation and to NBRC by __ ___ (30 judicial days from order). The report shall include all information required by Penal Code section 1001.22(b).

If the District Attorney recommends application of section 1001.22 diversion for defendant, that recommendation
must be provided in writing to defendant, to the Court, to Probation and to NBRC by __ ___ (20 judicial days
from order). (Pen. Code § 1001.22(b)(2).)

Probation shall submit a report to defendant, to the Court, to the District Attorney and to NBRC by __ ___
(30 judicial days from order). Probation’s report shall provide an investigation-based recommendation as to
whether defendant would benefit from a diversion-related treatment and rehabilitation program as set forth in Penal
Code section 1001.22(c). NBRC’s report shall be attached in full to Probation’s report to the Court.

Defendant is ordered to arrange for interview appointments by reporting to the Napa County Probation Department immediately following Court and to North Bay Regional Center by __ ___ (2 judicial days from order).

Date Defendant’s Signature

Defendant’s Telephone Defendant’s Address

INTERPRETER’S STATEMENT

I, having been duly sworn or having a written oath on file, certify that I truly translated this form to the defendant in the following language: Spanish Other (specify)_____________________

Date Interpreter’s Name Interpreter’s Signature

JUDGE’S SIGNATURE

Date Judge

COPY TO: DEF DA PROB DEF ATTY NBRC

Form CR-92 Adopted for Mandatory Use [Rev. July 1, 2020]