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CA SB215
Bill
AI Summary
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Authorizes courts to grant pretrial diversion for up to 2 years to defendants with qualifying mental disorders (including bipolar disorder, schizophrenia, and PTSD) if the disorder significantly contributed to the charged offense and symptoms would respond to treatment.
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Prohibits diversion eligibility for murder, voluntary manslaughter, rape, sex offenses requiring registration under Section 290, lewd acts on children, and related sexual assault crimes.
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Requires courts upon request to conduct hearings to determine if restitution is owed to victims and to order payment during diversion, but prevents inability to pay due to indigence or mental disorder from being grounds for denial of diversion.
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Allows courts to require defendants to make a prima facie showing they meet minimum eligibility requirements and are suitable for diversion through informal hearings that may rely on offers of proof and hearsay.
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Upon successful completion, requires dismissal of criminal charges, restriction of arrest records per Section 1001.9, and declaration that the arrest is deemed never to have occurred, except for peace officer employment disclosures.
Legislative Description
Diversion: mental disorders.
Last Action
Chaptered by Secretary of State. Chapter 1005, Statutes of 2018.
9/30/2018