Napa — Pretrial Drug Diversion Program Agreement

Source: https://www.napa.courts.ca.gov/sites/default/files/pdfs/Localrules/CR-24%20Pretrial%20Drug%20Diversion%20Program%20Agreement%202020%207%201.pdf

CR-24 SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA FOR COURT USE ONLY

PEOPLE OF THE STATE OF CALIFORNIA

v.

DEFENDANT:

PRE-TRIAL DIVERSION ADVISEMENT CASE NUMBER:
(PC 1000)

The Court may allow you to participate in the Pretrial Drug Diversion Program (PDDP) with respect to any offense specified in Penal Code section 1000, subdivision (a). If you successfully complete the PDDP, your case will be dismissed. If you do not successfully complete the PDDP, the Court will reinstate criminal proceedings. If you have any questions about your case, the possible sentence, or the information on this form, ask your attorney or the judge.

INSTRUCTIONS: Read, date, and sign this form if you wish to participate in PDDP.

PRETRIAL DRUG DIVERSION PROGRAM RULES AND CONSEQUENCES

1. I understand I will be required to successfully complete a drug program which will last no fewer than 12 months and

   no longer than 18 months from the date of my referral to the program, as determined by the Court, and pay the program fee of $380. Depending on my ability to pay, I will also be required to pay a criminal lab fee as well as administrative fees (up to $500 for a felony and $300 for a misdemeanor) to the Probation Department.

2. I understand the Court will order me to pay a diversion-deferred entry of judgment restitution fee of $100.

3. I understand I may be required to submit to urine tests to check for the presence of drugs. The results will not be

   admissible as the basis of any new criminal prosecution or proceeding.

4. I understand if I successfully complete the PDDP and receive a positive recommendation from the program

   authority, my case will be dismissed. However, I must still disclose my arrest upon request if I apply for a position as a peace officer. Also, if I plead guilty based on a forged or altered drug prescription, I may still be subject to disciplinary action or denial of a license by an administrative agency.

5. I understand the Court may, after notice to me, schedule a hearing to determine if: (a) I am performing

   unsatisfactorily in the PDDP, (b) I am convicted of any felony, or (c) I am convicted of any offense indicating a propensity for violence. Furthermore, upon any failure of treatment or condition under the program, or circumstance specified in Penal Code section 1000.3, the District Attorney, Probation Department, or the Court (on its own motion) may move to terminate pretrial diversion.

6. I understand that I am pleading not guilty. I have a right to a speedy trial, a speedy preliminary hearing (for a felony),

   and a trial by jury. I give up these rights in order to participate in the PDDP.

7. I understand that if I fail to successfully complete the PDDP then all criminal proceedings shall be reinstated.

8. I understand that regardless of my successful completion of a pretrial diversion program, an order to seal records

   pertaining to an arrest made pursuant to Penal Code section 1000.4, subdivision (d), has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Penal Code section 851.92.

   Date Defendant’s Signature

   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

Form CR-24 Adopted for Mandatory Use [Rev. July 1, 2020]