Napa — Order for Diversion (Pen. Code § 1001.20, et seq.)

Source: https://www.napa.courts.ca.gov/sites/default/files/pdfs/Localrules/CR-93%20Order%20for%20Diversion%20%28PC%201001-22%29%202020%207%201.pdf

CR-93 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 FELONY
(Penal Code § 1001.20, et seq.) MISDEMEANOR

The Court, having reviewed the reports submitted for hearing this date finds that defendant has a cognitive developmental disability making the defendant eligible for North Bay Regional Center (NBRC) services. The diversion program proposed by NBRC for defendant is acceptable to the Court, the District Attorney, Probation and NBRC, and defendant consents to the same and waives their right to a speedy trial.

The Court, therefore, orders the Defendant shall abide by the terms and conditions of the diversion program pursuant to Penal Code section 1001.20, et seq., for a period of months (maximum of 24 months).

DEFENDANT SHALL BE DIVERTED UNDER (check one):

Single agency diversion. NBRC alone shall report the defendant’s progress to the Court and to the District
Attorney every months (not less than six).

Dual agency diversion. NBRC shall submit a progress report to the Probation Department on the defendant’s
progress in the program every months (not less than six). Within five judicial days after receiving
NBRC’s report, Probation shall submit its own report on the defendant’s progress in the program, with the full

NBRC report appended, to the Court and to the District Attorney.

THE COURT ORDERS THE DEFENDANT TO:

Comply with the terms of diversion, attached hereto and as set forth in NBRC’s report filed this date.

Appear for diversion completion review on __________________ at ________ am/pm in Dept. _____.

Successful completion of diversion will result in dismissal of the criminal charges.

Prior to the above scheduled review hearing if it appears from a progress report that the defendant is not meeting the terms and conditions of the defendant’s diversion program, the Court (or other agencies as set forth in section 1001.29) may set an interim hearing for modification or termination of diversion, with notice of hearing to be provided to defendant by the moving agency.

Any bail, bond, or undertaking deposited on behalf of defendant in this case is hereby ordered exonerated and the Defendant shall be placed on a Court Own Recognizance Agreement as executed this date.

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 DEF ATTY PROB NBRC

Form CR-93 Adopted for Mandatory Use [Rev. July 1, 2020]