Download diversion - Disability Rights California

DIVERSION
Consumers/Defendants
with
“Cognitive Developmental Disabilities”
(effective January 1, 2005)
Applicability
Diversion may be available for any person
who has been evaluated by a regional
center and determined to have a “cognitive
developmental disability.”
Persons eligible for this type of diversion
are also eligible for regional center
services.
What Is a “Cognitive
Developmental Disability”?
Penal Code section 1002.20 specifies that
“cognitive developmental disabilities” include:
Mental retardation
Autism
Disabling conditions found to be closely related
to mental retardation or autism, or that require
treatment similar to that required for individuals
with mental retardation or autism.
Purpose of Diversion Services
Specialized services are directed toward
alleviating the “cognitive developmental
disability” or toward providing habilitation
or rehabilitation related to social, personal,
physical, or economic functioning.
What Services Are Available?
Diagnosis, evaluation, treatment, personal care,
day care, domiciliary care, special living
arrangements, physical, occupational, and
speech therapy, training, education, sheltered
employment, mental health services, recreation,
counseling of the individual and/or his family,
protective and other social and socio-legal
services, information and referral, follow-along
services, and transportation.
Single Agency Diversion
The regional center develops a treatment
and habilitation program, administered by
the regional center. The program is
tailored to meet the needs of the
consumer (defendant) as “derived” from
the IPP. Treatment may be specifically
related to the offense charged. The
program is developed with court approval.
Dual Agency Diversion
This diversion program is administered
jointly by the probation department and the
regional center. This program is
individually tailored to meet the needs of
the consumer (defendant) in the same
manner as the single agency diversion
program. Court approval is required.
How Does Diversion Work?
If the court suspects that the consumer
(defendant) has a “cognitive
developmental disability,” the court may
order the prosecutor, the probation
department, and the regional center to
prepare reports on the consumer’s case.
The reports are prepared concurrently.
The court will decide if the consumer may
be diverted.
The Regional Center Report
This report must be submitted to the
probation department within 25 judicial
days of the order. The report will include a
finding of whether the consumer
(defendant) is eligible for diversion-related
treatment and habilitation services. The
regional center will also submit a proposed
diversion program that includes treatment
addressed to the offense charged.
What Does The Prosecutor Do?
The prosecutor will submit a report to the
court, to each of the other agencies
involved, and to the consumer (defendant)
within 30 judicial days. The prosecutor will
recommend either a single or dual agency
diversion.
What If Diversion Is Not Approved
Or Terms Not Met?
The defendant may have to stand trial for
the alleged offense.
Suspended criminal proceedings may be
reinstituted.
If the defendant fails to meet the terms of
the diversion plan, the defendant may be
required, after a hearing, to stand trial on
the original diverted offense.
Admissibility of Statements
No statement or information from the
consumer during the course of the
investigation will be admissible in any
proceeding brought after the completion of
the investigation.
After the diversion is granted, no
statement or information from the
consumer , related to the specific offense,
will be admissible in any proceeding.
Progress Reports
The responsible agency or agencies must
file reports on the consumer’s progress at
least every six months.
Dismissal Of Criminal Charges
If the performance of the consumer is
satisfactory during the period of diversion, the
criminal charges will be dismissed.
Advocacy support has been key to the
development and implementation of many
diversion programs. Keeping consumers out of
jail and other dangerous places is part of our
job!
For full text of diversion statute, go to: Westlaw .