The court shall hold a hearing and, after consideration of the probation department's
report, and any other relevant information, shall determine if the defendant consents
to further proceedings under this chapter and waives his or her right to a speedy
trial. If the court orders a defendant to be diverted, the court may make inquiry into
the financial condition of the defendant, and upon a finding that the defendant is
able, in whole or in part, to pay the reasonable cost of diversion, the court may
order him or her to pay all or part of the expense. The reasonable cost of diversion shall not exceed the amount determined to be the
actual average cost of diversion services.
If the court does not deem the defendant to be a person who would be benefited by
diversion or if the defendant does not consent to participate, the proceedings shall
continue as in any other case.
At the time that a defendant's case is diverted, any bail bond or undertaking, or
deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated,
and the court shall enter an order so directing.
The period during which the further criminal proceedings against the defendant may
be diverted shall be for the length of time required to complete and verify the diversion
program but in no case shall it exceed two years.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.