Kern County Municipal Code Ch. 4.37 Domestic Violence Diversion Program

This chapter adopts a pretrial diversion program pursuant to Penal Code Sections 1001.50 et seq. which also incorporates aspects of a diversion program pursuant to Penal Code Sections 1001 et seq., and establishes a fee assessable by the Kern County Superior Court for the services provided to individuals who are admitted to the domestic violence diversion court.

This fee is intended to offset the administrative costs incurred by the district attorney for the program, but is not intended to cover all the costs incurred by the district attorney. It is not intended that this fee shall replace or supplant the attorney's fees that the public defender may be entitled to.

(Ord. No. G-8535, § 2, 1-6-15)

A. "Domestic violence diversion court" ("DVDC") means a program by which eligible and suitable individuals charged with specified domestic violence crimes may be diverted into programs designed to prevent recidivism of domestic violence.

B. "Person" or "persons" means that individual charged with specified domestic violence crimes, who is/are eligible and suitable to be diverted through the DVDC.

C. "Court" means the Kern County Superior Court and/or judge designated to oversee the DVDC.

D. "District attorney" means the Kern County district attorney.

E. "Public defender" means the Kern County public defender.

F. "Non-profit agency" means any non-profit agency that has contracted with, or has a memorandum of understanding with, the district attorney to provide programs in support of the DVDC.

(Ord. No. G-8535, § 2, 1-6-15)

A. The court shall impose an eighty-five dollars ($85.00) fee on all persons in the DVDC program, in addition to any and all other fees, penalties, or fines required by law.

B. The court shall conduct a review of the defendant's financial circumstances, and upon a finding of finding of indigency, the court may waive payment of the eighty-five dollars ($85.00) fee or any portion thereof.

(Ord. No. G-8535, § 2, 1-6-15)

A. The fees collected by the DVDC pursuant to this chapter shall be distributed to the district attorney.

B. The district attorney shall place seventy-five dollars ($75.00) of the fee in a specified account to be used to implement and maintain programs designed to impact and prevent domestic violence.

C. The district attorney may use the remaining amount to pay a non-profit agency for services and/or programs that impact and/or prevent domestic violence.

(Ord. No. G-8535, § 2, 1-6-15)

The fee collected pursuant this chapter shall not supplant any normal budgeted funds given to the district attorney nor be used for any purpose other than what is described in this chapter

(Ord. No. G-8535, § 2, 1-6-15)

If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, unlawfulness or constitutionality of any other part of this chapter.

(Ord. No. G-8535, § 2, 1-6-15)