Solano — Rule 2 – Criminal and Traffic Infraction Cases

Source: https://solano.courts.ca.gov/system/files/general/rule_02_july_2026.pdf

Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART ONE: Rules Applicable to Misdemeanors and Felonies

2.1 APPLICATION OF RULES

The rules in Part One of Rule 2 apply to all felony and misdemeanor criminal cases pending on, or filed on or after, January 1, 1998.

(Rule 2.1 amended effective January 1, 2013; adopted effective January 1, 1998; previously amended effective January 1, 2010.)

2.2 DIRECT CALENDARING OF CRIMINAL CASES

When a criminal case is filed either by complaint or indictment, the matter shall be assigned, after arraignment, to one judicial officer for all purposes. All criminal cases shall be heard first in an arraignment department of the court and from that department the case shall be assigned to one of the judicial officers in the Criminal Division of the court and the parties shall be notified in open court and on the record of the name of the judicial officer so assigned. The assignment to the judicial officer shall be deemed for all purposes.

If the parties are not notified of the assignment to one judicial officer for all purposes in

open court, then the Clerk of the Court, after a judicial officer is selected, shall send a written notification to all parties by first class mail and file in the court file a verification of mailing.

(Rule 2.2 amended effective January 1, 2013; adopted effective January 1, 1998; previously amended effective January 1, 2010.)

2.3 PROCEDURE

a. PETITIONS PER PENAL CODE SECTION 1203.4 AND 1203.4a

Any defendant wishing to file a petition for relief per Penal Code sections 1203.4
or 1203.4a and who wishes to have their costs waived shall file a completed
financial declaration on a form designated by the court. The form shall be filed
concurrently with the petition.

(Subd. (a) adopted effective January 1, 2013.)

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases
PART ONE: Rules Applicable to Misdemeanors and Felonies

b. ORDERS SHORTENING TIME

Regarding pretrial motions governed by Rule of Court 4.111, when good cause
exists, the court may prescribe a shorter time for the service and filing of a notice
of motion and supporting papers sua sponte or if the party seeking to shorten the
time files an Application for Ex Parte Order Shortening Time with the court. A
party filing an Application for Ex Parte Order Shortening Time must notify all
parties no later than 10:00 a.m. the court day before the ex parte appearance, absent
a showing of exceptional circumstances that justify a shorter time for notice. Notice
may be given by telephone. The application shall be accompanied by an affidavit
or declaration setting forth facts showing good cause for the order and showing that
notice was given to each party of the ex parte hearing. The application shall also be
accompanied by a proposed order, as well as by the notice of motion and supporting
papers.

(Subd. (b) adopted effective July 1, 2014.)

(Rule 2.3 amended effective July 1, 2014; adopted effective January 1, 2013; prior Rule
2.3, adopted effective January 1, 1998, repealed effective January 1, 2013.)

2.4 DIVERSION

a. MENTAL HEALTH DIVERSION

The procedures and policies contained in the Mental Health Diversion Procedures
and Policies in the Appendix to Rule 2 shall be followed for all mental health
diversions in felony and misdemeanor matters.

(Rule 2.4 adopted effective July 1, 2019; former Rule 2.4 repealed effective January 1,
2013.)

2.5 – 2.49 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART TWO: Felony Criminal Cases

2.50 – 2.99 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART THREE: Misdemeanor Cases

2.100 COMMUNITY SERVICE AND CONVERSION OF INFRACTION FINES

Pursuant to Penal Code Section 1209.5(a)(c)(2), the hourly rate applicable to community service (work program) fine conversions in Solano County shall be $30.00 per hour for the calendar year 2022. Thereafter, the community service rate will be automatically adjusted to be two times the California minimum wage each time it increases in the future.

(Rule 2.100 adopted effective July 1, 2022.)

2.110 – 2.149 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases PART FOUR: Traffic Infraction Cases

2.150 TRIAL BY DECLARATION IN ABSENTIA (Veh. Code Section 40903)

a. DEFINITION (VEH. CODE SECTION 40903)

(1) Any person who fails to appear as provided by law may be deemed to have
elected to have a trial by written declaration upon any alleged infraction, as
charged by the citing officer, involving a violation of this code or any local
ordinance adopted pursuant to this code.

(2) Notwithstanding Division 10 (commencing with Section 1200) of the
Evidence Code, testimony and other relevant evidence may be introduced in
the form of a notice to appear issued pursuant to Section 40500, a notice of
parking violation issued pursuant to Section 40202, a notice of delinquent
parking violation issued pursuant to Section 40206, a business record or
receipt, a sworn declaration of the arresting officer, or a written statement or
letter signed by the defendant.

b. INITIAL ACTION – TRAFFIC INFRACTION

Upon the court’s receipt of a citation by the issuing agency, the court will send out a
Courtesy Notice advising the defendant of the court due date, the need to appear,
and to post the bail amount.

c. FAILURE TO RESPOND TO COURTESY NOTICE BEFORE DUE DATE

If within seven (7) days of the original due date, the defendant fails to respond to the
courtesy notice:

(1) The Court will send out a Delinquent Notice for Failure to Appear (FTA).

(2) The notice will include a warning message that the defendant has twenty (20)
days to pay in full or set up a payment plan, otherwise the defendant will be
convicted in absentia, and the case will be sent to collections.

d. FAILURE TO RESPOND TO DELINQUENT NOTICE WITHIN TWENTY FIVE (25) DAYS OF
THE DELINQUENT NOTICE DATE

If the defendant fails to respond to the Delinquent Notice for Failure to Appear
within twenty-five (25) days of the delinquent notice date:

(1) The Court will generate a “Trial in Absentia” report capturing all Traffic
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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases
PART FOUR: Traffic Infraction Cases

Infraction cases that have a balance greater than zero, no future event date,
and a docket entry that a Delinquent Notice was sent.

(2) The report will be sent to the Judicial Officer to determine the appropriate
course of action. Pursuant to Penal Code section 1214.1, the Judicial Officer
may order a civil assessment of up to $100.00.

e. COURT’S DECISION AFTER TRIAL IN ABSENTIA

Upon receiving the “trial in absentia” report, the judicial officer may in their
discretion take any of the following actions to adjudicate each case:

(1) Find the defendant not guilty. If the court finds the defendant not guilty, the
case will be dismissed and closed.

(2) Impose a civil assessment for the defendant’s failure to appear in court. If the
Judicial Officer imposes a Civil Assessment for Failure to Appear, the Civil
Assessment will be added to the unpaid bail and a corresponding notice
(Failure to Appear Warning Notice) will be sent to the defendant. The
warning notice will state that the defendant has twenty (20) days to contact
the court or request the court dismiss the civil assessment otherwise the case
will be referred to a Collection Agency.

(3) Find the defendant guilty.

The court’s ruling shall be deemed an adjudication of the case.

f. AFTER FINDING OF GUILT

In the event the court finds the defendant guilty, the court shall do the following:

(1) The court will send a Conviction Notice to the defendant.

(2) The notice will state that the defendant has been convicted, the total amount
owed, and that the defendant has twenty (20) days to request a Trial de
Novo. The notice shall further state that if the defendant takes no action
within that period of time, the case will be referred to a collection agency.

(3) The conviction will be reported to DMV.

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases
PART FOUR: Traffic Infraction Cases

g. IF DEFENDANT CONTACTS THE COURT WITHIN TWENTY FIVE (25) DAYS OF THE
CONVICTION NOTICE DATE

In the event the defendant contacts the court within 25 days of the date the
Conviction Notice is sent to the defendant, the defendant shall have the following
options to resolve the Conviction Notice:

(1) The defendant can request a Trial de Novo. If the defendant requests a Trial
de Novo, the court shall promptly schedule it as court resources and
scheduling permit. If the defendant prevails at the Trial de Novo, the court
will send an amendment to the DMV to remove the conviction from the
defendant’s driving record.

(2) The defendant can submit an Inability to Pay Declaration. If the defendant
submits an Inability to Pay Declaration, the due date for the fines and fees
shall be extended for 30 days. The declaration shall be routed to the Judicial
Officer for ruling. The court shall notify the defendant of the court’s
decision.

(3) The defendant can pay the fine amount owing in full.

h. FAILURE TO RESPOND TO CONVICTION NOTICE WITHIN TWENTY FIVE (25) DAYS OF
THE CONVICTION NOTICE DATE

In the event the defendant fails to contact the court within 25 days of the date the
Conviction Notice is sent to the defendant, the court shall refer the case to a
collection agency.

i. WHEN A CASE THAT HAS A TRIAL IN ABSENTIA IS SENT TO A COLLECTION AGENCY

In the event that a case involving a defendant convicted in absentia is referred to a
collection agency, the following shall apply:

(1) The case becomes a delinquent account for the record.

(2) Because the case is deemed adjudicated, any communications regarding the
amount owed are to go through the collection agency.

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases
PART FOUR: Traffic Infraction Cases

(3) Eliminates the ability to schedule a court trial.

(4) Eliminates the need for the Collection Agency to enter case dispositions or
adjust cases in the court case management system.

(5) Since the case is convicted, the account becomes eligible for transfer to the
Franchise Tax Board (FTB) Court Ordered Debt Program where money is
collected from the defendant’s paycheck or bank account.

The case remains within the jurisdiction of the Collection Agency and may be transferred to the FTB Tax Intercept Program, however, it does not prevent the defendant from submitting an Inability-To-Pay Declaration form through the Collection Agency to have the fine reduced, or to be allowed to do community service, or receive credit for time served.

(Rule 2.100 adopted effective January 1, 2023.)

2.151 – 2.199 [Reserved]

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Superior Court of California County of Solano

Rule 2 – Criminal and Traffic Infraction Cases

APPENDIX

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MENTAL HEALTH DIVERSION PROCEDURES AND POLICIES

SOLANO COUNTY SUPERIOR COURT

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INTRODUCTION. California Penal Code section 1001.36 sets forth a discretionary pre-trial diversion procedure for any defendant charged with a misdemeanor or felony, who suffers from a mental disorder listed in the Diagnostic and Statistical Manual (DSM) of Mental Disorders, the symptoms of which can be abated with treatment, if the mental disorder played a significant part in the commission of the charged offense.

ELIGIBILITY. The Court has broad discretion to grant or deny diversion. In exercising said discretion, the Court shall consider all of the following requirements: 1. The court is satisfied that the defendant suffers from 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, borderline personality disorder, and pedophilia; said information should specifically detail “recent diagnosis” of the disorder. 2. The court is satisfied that the defendant’s mental disorder played a significant role in the commission of the charged offense; 3. In the opinion of a qualified mental health expert, the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; 4. The defendant consents to diversion and waives the right to a speedy trial; 5. The defendant agrees to comply with treatment as a condition of diversion; 6. 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; and, 7. 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. 8. The Court shall consider whether defendant’s conduct in prior diversion or treatment programs suggest that defendant is now unsuitable. 9. If questions regarding defendant’s competence arise (pursuant to Penal Code section 1368, et.seq.), defendant may nonetheless place an incompetent defendant on diversion, provided that he/she is deemed “suitable”. Penal Code sections 1370(a)(1)(B)(iv) and 1370.01(a)(2).

Offenses not eligible for Mental Health Diversion: 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;

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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; and, 8. A violation of subdivision (b) or (c) of section 11418.

   MENTAL HEALTH DIVERSION – PROCEDURES

   A. Notice of motion. Defense counsel shall file an Application for Mental Health Diversion (MHD), pursuant to section 1001.36, with the Court and serve the prosecutor with a copy. The motion shall specify in detail: a. The mental disorder at issue, including diagnostic and treatment history of said disorder. If the defendant suffers from multiple or co-occurring disorders, the application shall so specify. b. A description of the nexus between defendant’s mental disorder and the charged offense; c. The opinion of a qualified mental health expert indicating that the defendant’s symptoms motivating the criminal behavior would respond to mental health treatment; d. A statement that the defendant consents to diversion and waives the right to a speedy trial; e. A statement that the defendant agrees to comply with treatment as a condition of diversion; f. A description of the proposed treatment plan. Said plan shall include, at a minimum, a discussion of: i. Plan for receipt of medical / clinical treatment, including, if appropriate, plans for access to psychotropic medication ii. Housing iii. Insurance coverage / options for treatment iv. Available support systems, including family and/or mentor support

   B. Meet & confer prior to motion. Prior to hearing on the motion for diversion, defense counsel and prosecution shall meet and confer to determine: a. Whether the parties agree that diversion is appropriate; b. If there is no agreement, whether modifications of the treatment plan could lead to agreement for diversion.

   C. Initial hearing on motion. The Court shall initially conduct a hearing to determine if the defendant has made a prima facie showing that he/she is suitable for consideration for mental health diversion. The Court shall find either: a. A prima facie basis for diversion has been established; and the Court further finds the defendant and suitable for MHD.

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b. A prima facie basis for diversion has not been established and the MHD is denied; or c. A prima facie basis for diversion has been established, but the Court finds the defendant is not suitable for MHD. If the Court finds that the defendant is suitable for MHD, it shall set a further hearing for defendant to present a treatment plan. If diversion is initially denied, the case shall continue as scheduled.

D. Diversion commencement hearing. The Court shall conduct a hearing to accept defendant’s waivers and formally approve the diversion plan. At the hearing, he defense counsel shall file a copy of the treatment plan with the Court. The Court shall retain the treatment plan in the confidential section of the court file.

a. Approval of treatment plan. The Court shall review the treatment plan and decide as follows: i. If the treatment plan is suitable: the Court shall grant the motion for MHD and stay the criminal proceedings; and the defendant shall have up to two years from this date to complete treatment. The defendant shall sign the Order for Mental Health Diversion. The defendant shall be ordered to return for a progress report hearing 30 to 90 days out on a MHD review calendar. ii. If the treatment plan is not suitable: the Court shall order the defendant to get an updated plan and continue the hearing. Once the treatment plan is approved, the Court shall make the same orders noted in (a) above. If the Court is not able to find a treatment plan suitable, the Court may deny the motion for diversion and resume with the criminal proceedings.

E. MHD status conference. No less than 5 days prior to the date scheduled for progress report, the defense shall submit a progress report which shall describe, in detail, all progress made on each specified element of the treatment plan. The Court shall retain the treatment plan in the confidential section of the court file. At the progress report hearing, the judicial officer shall review the report for compliance, and if:

a. The defendant is making progress, set another progress report date (in 30 to 90 days);

b. The defendant is not making progress, the Court may: give defendant additional time to comply and continue progress hearing to another date; terminate defendant from the program and continue criminal proceedings—if requested, the Court may consider scheduling a noticed hearing to hear further evidence on why defendant should not be terminated from MHD;

F. Termination of Diversion or Modification of Treatment

a. Motion to Terminate Diversion. The District Attorney (DA) may file or orally notice motion to terminate diversion on the following grounds: a) The defendant is charged with an additional misdemeanor allegedly committed during the pretrial diversion and that reflects the defendant’s propensity for violence.

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b) The defendant is charged with an additional felony allegedly committed during the pretrial diversion. c) The defendant is engaged in criminal conduct rendering him or her unsuitable for diversion. d) The defendant is performing unsatisfactorily in the assigned program, based upon the opinion of a qualified mental health expert (whom the court may deem an appropriate expert).

The court may do any of the following: a) Deny the motion and allow diversion to proceed. In this case the Court and counsel shall then select the next progress report court date. b) Deny the motion but modify and/or increase treatment level. In this case the Court and counsel shall then select the next progress report court date. c) Grant the motion terminating diversion and reinstate criminal proceedings.

G. Completion of MHD. Upon successful completion of all terms and conditions of diversion, the Court shall dismiss the matter pursuant to Penal Code section 1001.36.

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Superior Court of California County of Solano

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