El Dorado — Misdemeanor Diversion Referral Form and Order Thereon

Source: https://www.eldorado.courts.ca.gov/system/files/forms-and-filings/cr-180-misdemeanor-diversion-referral-form-and-order-thereon.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY FOR COURT USE ONLY (Name, State Bar Number, and Address):

TELEPHONE NO.: FAX NO.: EMAIL ADDRESS:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF EL DORADO

Placerville Main Street Branch South Lake Tahoe Branch

495 Main Street 1354 Johnson Blvd. Placerville, CA 95667 South Lake Tahoe, CA 96150

PETITIONER/PLAINTIFF: CASE NUMBER:

RESPONDENT/DEFENDANT:

MISDEMEANOR DIVERSION REFERRAL FORM AND ORDER THEREON ☐ ORIGINAL REINSTATEMENT ☐

Pursuant to Penal Code section 1001.95(b), you are placed on diversion for not more than 24 months. If you follow and comply with all terms, conditions, and programs ordered by the Court, the charges filed against you in this case will be dismissed. Regardless of your successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the California Department of Justice in response to a peace officer application request, and this does not relieve you of your obligation to disclose the arrest in response to a direct question for position as a peace officer.

Date: Length of Diversion (6-24 months):

Name: Email:

Address: Phone Number:

Case Number: Defendant’s Date of Birth:

(All Information Above Must be Entered)

A. YOU AGREE TO AND ABIDE BY THE FOLLOWING TERMS AND CONDITIONS: General waiver of time (Speedy Trial Right – P.C. 1382 (a)(3)). ☐ Obey all laws. ☐ Pay restitution in full: Victim: , Total Amount Due: , ☐ Payable at: $ per month, beginning (a Statement of Assets, form CR-115, may be required). Stay Away/No Contact with the following persons/locations: ☐

Criminal Protective Order (CPO: CR-160 if DV related or CR-161 if non-DV). ☐
Submit to search and seizure of person, residence, business and property any time day or night with or ☐
without a search warrant.
Electronic monitoring: CAM (alcohol monitoring) CEM (location monitoring) ☐ ☐ ☐
Totally abstain from knowingly possessing, using, or involvement with illegal/restricted or dangerous drugs, ☐
paraphernalia or narcotics, including marijuana.
Do not knowingly use, possess or control alcohol; do not frequent places where alcohol is the chief item for ☐
sale.
Submit to chemical testing of blood, breath, urine, saliva or transdermal alcohol at the request of any peace ☐
officer.
Do not drive without a valid driver's license and insurance. ☐
Do not knowingly possess any firearms, replica firearms, ammunition, ballistic armor, dangerous or deadly ☐
weapons.
Other (Specify): ☐

Mandatory Use Misdemeanor Diversion Referral Form and Page 1 of 2 Local Form CR-180 Order Thereon (Criminal) Effective 01-28-22 Rev. 03-30-23

Case Name: Case Number:

B. YOU MUST SUCCESSFULLY COMPLETE THE FOLLOWING DIVERSION PROGRAM(S):

• Diversion class(es) are to be completed through AdventFS, PO Box 6333, Elizabethtown, KY 42702-6333,
(866) 494-8556. Once Advent receives this form, they will sign you into the designated class(es) and then contact you
immediately by email, and also by U.S. mail within 10 business days with instructions on how to pay for and complete
the course(s). Login information for the course(s) will be sent to you directly from Advent via email.

• You are required to take one or more of the following classes as indicated below (Generally Level 1 classes are 2-4 hours
and Level 2 classes are 6-8 hours):

Alcohol/Substance Abuse Level 1 Hunting ☐ ☐
Alcohol/Substance Abuse Level 2 Life Skills ☐ ☐
Anger Management Level 1 Marijuana Education Level 1 ☐ ☐
Anger Management Level 2 Marijuana Education Level 2 ☐ ☐
Animal Care Parenting ☐ ☐
Boating & Outdoor Safety Prostitution (John’s School) ☐ ☐
Corrective Thinking Revenge Porn ☐ ☐
DUI Shoplifting ☐ ☐
Financial Responsibility Theft Level 1 ☐ ☐
Harassment Theft Level 2 ☐ ☐
Traffic Safety ☐
• DUE DATE TO COMPLETE CLASS(ES): 90 Days by: .
If you do not take this class, if you fail this class, or do not complete the class(es) noted above, the Court will be notified.

YOUR NEXT COURT DATE IS:

☐ Restitution Hearing ☐ Class Completion Review Hearing ☐ Review Hearing Date: Time: AM PM in Department: . ☐ ☐ Other Issues: . ☐

Final Review Hearing: ☐
Date: Time: AM PM in Department: . ☐ ☐
Other Issues: . ☐

IF YOU HAVE PAID RESTITUTION, AND COMPLETED ALL REQUIREMENTS NOTED ABOVE, AND PROVIED PROOF TO THE COURT, YOU DO NOT NEED TO APPEAR.

If it appears to the Court that you are not complying with the terms and conditions of diversion, you will be given notice, and the Court will hold a hearing to determine whether the criminal proceedings should be reinstated. If the Court finds that you have not complied with the terms and conditions of diversion, the Court may end the diversion and order resumption of the criminal proceedings.

DEFENDANT’S STATEMENT: I understand and agree to the diversion terms noted above. I understand that I have a right to a speedy trial and waive that right. If I have an attorney, I have discussed each item with my attorney. By signing this document, I am indicating that I understand and agree with the terms stated herein.

Defendant’s Signature: Date:

COURT’S FINDINGS AND ORDER: The Court finds that the defendant understands his/her right to a speedy trial and has agreed to waive that right. The Court orders that the Defendant be placed on misdemeanor diversion under the terms and conditions noted herein.

Judge: Date:

Mandatory Use Misdemeanor Diversion Referral Form and Page 2 of 2 Local Form CR-180 Order Thereon (Criminal) Effective 01-28-22