Child abuse and neglect counseling
[align=left]1000.12. (a) It is the intent of the Legislature that nothing in
this chapter deprive a prosecuting attorney of the ability to
prosecute any person who is suspected of committing any crime in
which a minor is a victim of an act of physical abuse or neglect to
the fullest extent of the law, if the prosecuting attorney so
chooses.
(b) In lieu of prosecuting a person suspected of committing any
crime, involving a minor victim, of an act of physical abuse or
neglect, the prosecuting attorney may refer that person to the county
department in charge of public social services or the probation
department for counseling or psychological treatment and such other
services as the department deems necessary. The prosecuting attorney
shall seek the advice of the county department in charge of public
social services or the probation department in determining whether or
not to make the referral.
(c) This section shall not apply to any person who is charged with
***ual abuse or molestation of a minor victim, or any ***ual offense
involving force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the minor victim or another person.
1000.17. If the person is referred pursuant to this chapter he or
she shall be responsible for paying the administrative cost of the
referral and the expense of such counseling as determined by the
county department responsible for public social services or the
probation department. The administrative cost of the referral shall
not exceed one hundred dollars ($100) for any person referred
pursuant to this chapter for an offense punishable as a felony and
shall not exceed fifty dollars ($50) for any person referred pursuant
to the chapter for an offense punishable as a misdemeanor. The
department shall take into consideration the ability of the referred
party to pay and no such person shall be denied counseling services
because of his or her inability to pay.[/align]
Aids prevention program in drug abuse and
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AIDS PREVENTION PROGRAM IN DRUG ABUSE AND
PROSTITUTION CASES
1001.10. (a) The judge shall require any person described in
subdivision (b), as a condition of either placing the person on
probation or of permitting the person to participate in a drug
diversion program to agree to participate in an AIDS education
program. Testing for AIDS antibodies shall be offered but no person
described in subdivision (b) shall be required to be tested.
(b) This section shall apply to any person who has either been
placed on probation or granted diversion for, any of the following:
(1) A violation of subdivision (a) of Section 11350 of the Health
and Safety Code, subdivision (a) of Section 11377 of the Health and
Safety Code, Section 11550 of the Health and Safety Code, Section
4143 or 4149 of the Business and Professions Code, or of subdivision
(f) of Section 647 if the offense involves intravenous use of a
controlled substance.
(2) A violation of subdivision (a) or (b) of Section 647.
1001.11. (a) The health department in each county shall select an
agency, or agencies, in the county that shall provide AIDS prevention
education to those persons sentenced to probation or a drug
diversion program in accordance with Section 1001.10. The health
department shall endeavor to select an agency, or agencies, that
currently provide AIDS prevention education programs to substance
abusers or prostitutes. If no agency is currently providing this
education, the county agency responsible for substance abuse shall
develop an AIDS prevention education program either within the agency
or under contract with a community-based, nonprofit organization in
the county. The health department shall forward to the courts a list
of agencies selected for purposes of referral in accordance with
Section 1001.10. Reimbursement for the costs of implementing this
section shall be made out of moneys deposited with the county
treasurer in accordance with Section 1463.23.
(b) An AIDS prevention education program providing services
pursuant to subdivision (a) shall, at a minimum, include details
about the transmission of human immunodeficiency virus (HIV), the
etiologic agent for AIDS, symptoms of AIDS or AIDS-related
conditions, prevention through avoidance or cleaning of needles,
***ual practices which constitute high risk, low risk, and no risk
(including abstinence), and resources for assistance if the person
decides to take a test for the etiologic agent for AIDS and receives
a positive test result. The program shall also include other
relevant medical and prevention information as it becomes available.
(c) A person sentenced to a drug diversion program pursuant to
Section 1001.10 shall not be required to participate in an AIDS
prevention education program, provided that the drug diversion
program includes an AIDS prevention education component that meets
the requirements of subdivision (b).
[/align]
Diversion of defendants with cognitive
[align=left]
DIVERSION OF DEFENDANTS WITH COGNITIVE
DEVELOPMENTAL DISABILITIES
1001.20. As used in this chapter:
(a) "Cognitive Developmental Disability" means any of the
following:
(1) "Mental retardation," meaning a condition of significantly
subaverage general intellectual functioning existing concurrently
with deficits in adaptive behavior and manifested during the
developmental period.
(2) "Autism," meaning a diagnosed condition of markedly abnormal
or impaired development in social interaction, in communication, or
in both, with a markedly restricted repertoire of activity and
interests.
(3) 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, and that
would qualify an individual for services provided under the Lanterman
Developmental Disabilities Services Act.
(b) "Diversion-related treatment and habilitation" means, but is
not limited to, specialized services or special adaptations of
generic services, directed towards the alleviation of cognitive
developmental disability or towards social, personal, physical, or
economic habilitation or rehabilitation of an individual with a
cognitive developmental disability, and includes, but is not limited
to, 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 with this disability and of his or her family, protective
and other social and socio-legal services, information and referral
services, follow-along services, and transportation services
necessary to assure delivery of services to persons with cognitive
developmental disabilities.
(c) "Regional center" means a regional center for the
developmentally disabled established under the Lanterman
Developmental Disabilities Services Act that is organized as a
private nonprofit community agency to plan, purchase, and coordinate
the delivery of services which cannot be provided by state agencies
to developmentally disabled persons residing in a particular
geographic catchment area, and which is licensed and funded by the
State Department of Developmental Services.
(d) "Director of a regional center" means the executive director
of a regional center for the developmentally disabled or his or her
designee.
(e) "Agency" means the prosecutor, the probation department, and
the regional center involved in a particular defendant's case.
(f) "Dual agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered jointly by the regional center and by the probation
department, which is individually tailored to the needs of the
defendant as derived from the defendant's individual program plan
pursuant to Section 4646 of the Welfare and Institutions Code, and
which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
(g) "Single agency diversion" means a treatment and habilitation
program developed with court approval by the regional center,
administered solely by the regional center without involvement by the
probation department, which is individually tailored to the needs of
the defendant as derived from the defendant's individual program
plan pursuant to Section 4646 of the Welfare and Institutions Code,
and which includes, but is not limited to, treatment specifically
addressed to the criminal offense charged, for a specified period of
time as prescribed in Section 1001.28.
1001.21. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading at any stage of the criminal
proceedings, for any person who has been evaluated by a regional
center for the developmentally disabled and who is determined to be a
person with a cognitive developmental disability by the regional
center, and who therefore is eligible for its services.
(b) This chapter applies to any offense which is charged as or
reduced to a misdemeanor, except that diversion shall not be ordered
when the defendant previously has been diverted under this chapter
within two years prior to the present criminal proceedings.
(c) This chapter shall apply to persons who have a condition
described in paragraph (2) or (3) of subdivision (a) of Section
1001.20 only if that person was a client of a regional center at the
time of the offense for which he or she is charged.
1001.22. The court shall consult with the prosecutor, the defense
counsel, the probation department, and the appropriate regional
center in order to determine whether a defendant may be diverted
pursuant to this chapter. If the defendant is not represented by
counsel, the court shall appoint counsel to represent the defendant.
When the court suspects that a defendant may have a cognitive
developmental disability, as defined in subdivision (a) of Section
1001.20, and the defendant consents to the diversion process and to
his or her case being evaluated for eligibility for regional center
services, and waives his or her right to a speedy trial, the court
shall order the prosecutor, the probation department, and the
regional center to prepare reports on specified aspects of the
defendant's case. Each report shall be prepared concurrently.
(a) The regional center shall submit a report to the probation
department within 25 judicial days of the court's order. The
regional center's report shall include a determination as to whether
the defendant has a cognitive developmental disability and is
eligible for regional center diversion-related treatment and
habilitation services, and the regional center shall also submit to
the court a proposed diversion program, individually tailored to the
needs of the defendant as derived from the defendant's individual
program plan pursuant to Section 4646 of the Welfare and Institutions
Code, which shall include, but not be limited to, treatment
addressed to the criminal offense charged for a period of time as
prescribed in Section 1001.28. The regional center's report shall
also contain a statement whether such a proposed program is available
for the defendant through the treatment and habilitation services of
the regional centers pursuant to Section 4648 of the Welfare and
Institutions Code.
(b) The prosecutor shall submit a report on specified aspects of
the defendant's case, within 30 judicial days of the court's order,
to the court, to each of the other agencies involved in the case, and
to the defendant. The prosecutor's report shall include all of the
following:
(1) A statement of whether the defendant's record indicates the
defendant's diversion pursuant to this chapter within two years prior
to the alleged commission of the charged divertible offense.
(2) If the prosecutor recommends that this chapter may be
applicable to the defendant, he or she shall recommend either a dual
or single agency diversion program and shall advise the court, the
probation department, the regional center, and the defendant, in
writing, of that determination within 20 judicial days of the court's
order to prepare the report.
(3) If the prosecutor recommends against diversion, the prosecutor'
s report shall include a declaration in writing to state for the
record the grounds upon which the recommendation was made, and the
court shall determine, pursuant to Section 1001.23, whether the
defendant shall be diverted.
(4) If dual agency diversion is recommended by the prosecutor, a
copy of the prosecutor's report shall also be provided by the
prosecutor to the probation department, the regional center, and the
defendant within the above prescribed time period. This notification
shall include all of the following:
(A) A full description of the proceedings for diversion and the
prosecutor's investigation procedures.
(B) A general explanation of the role and authority of the
probation department, the prosecutor, the regional center, and the
court in the diversion program process.
(C) A clear statement that the court may decide in a hearing not
to divert the defendant and that he or she may have to stand trial
for the alleged offense.
(D) A clear statement that should the defendant fail in meeting
the terms of his or her diversion, or if, during the period of
diversion the defendant is subsequently charged with a felony, the
defendant may be required, after a hearing, to stand trial for the
original diverted offense.
(c) The probation department shall submit a report on specified
aspects of the defendant's case within 30 judicial days of the court'
s order, to the court, to each of the other agencies involved in the
case, and to the defendant. The probation department's report to the
court shall be based upon an investigation by the probation
department and consideration of the defendant's age, cognitive
developmental disability, employment record, educational background,
ties to community agencies and family, treatment history, criminal
record if any, and demonstrable motivation and other mitigating
factors in determining whether the defendant is a person who would
benefit from a diversion-related treatment and habilitation program.
The regional center's report in full shall be appended to the
probation department's report to the court.
1001.23. (a) Upon the court's receipt of the reports from the
prosecutor, the probation department, and the regional center, and a
determination by the regional center that the defendant does not have
a cognitive developmental disability, the criminal proceedings for
the offense charged shall proceed. If the defendant is found to have
a cognitive developmental disability and to be eligible for regional
center services, and the court determines from the various reports
submitted to it that the proposed diversion program is acceptable to
the court, the prosecutor, the probation department, and the regional
center, and if the defendant consents to diversion and waives his or
her right to a speedy trial, the court may order, without a hearing,
that the diversion program be implemented for a period of time as
prescribed in Section 1001.28.
(b) After consideration of the probation department's report, the
report of the regional center, and the report of the prosecutor
relating to his or her recommendation for or against diversion, and
any other relevant information, the court shall determine if the
defendant shall be diverted under either dual or single agency
supervision, and referred for habilitation or rehabilitation
diversion pursuant to this chapter. If the court does not deem the
defendant a person who would benefit by diversion at the time of the
hearing, the suspended criminal proceedings may be reinstituted, or
any other disposition as authorized by law may be made, and diversion
may be ordered at a later date.
(c) Where a dual agency diversion program is ordered by the court,
the regional center shall submit a report to the probation
department on the defendant's progress in the diversion program not
less than every six months. Within five judicial days after
receiving the regional center's report, the probation department
shall submit its report on the defendant's progress in the diversion
program, with the full report of the regional center appended, to the
court and to the prosecutor. Where single agency diversion is
ordered by the court, the regional center alone shall report the
defendant's progress to the court and to the prosecutor not less than
every six months.
1001.24. No statement, or information procured therefrom, made by
the defendant to any probation officer, the prosecutor, or any
regional center designee during the course of the investigation
conducted by either the regional center or the probation department
pursuant to this chapter, and prior to the reporting to the probation
department of the regional center's findings of eligibility and
recommendations to the court, shall be admissible in any action or
proceeding brought subsequent to this investigation.
1001.25. No statement, or information procured therefrom, with
respect to the specific offense with which the defendant is charged,
which is made to a probation officer, a prosecutor, or a regional
center designee subsequent to the granting of diversion shall be
admissible in any action or proceeding brought subsequent to the
investigation.
1001.26. In the event that diversion is either denied or is
subsequently revoked once it has been granted, neither the probation
investigation nor the statements or other information divulged by the
defendant during the investigation by the probation department or
the regional center shall be used in any sentencing procedures.
1001.27. At such time as the defendant's case is diverted, any
bail, bond, or undertaking, or deposit in lieu thereof, on file or on
behalf of the defendant shall be exonerated, and the court shall
enter an order so directing.
1001.28. The period during which criminal proceedings against the
defendant may be diverted shall be no longer than two years. The
responsible agency or agencies shall file reports on the defendant's
progress in the diversion program with the court and with the
prosecutor not less than every six months.
(a) Where dual agency diversion has been ordered, the probation
department shall be responsible for the progress reports. The
probation department shall append to its own report a copy of the
regional center's assessment of the defendant's progress.
(b) Where single agency diversion has been ordered, the regional
center alone shall be responsible for the progress reports.
1001.29. If it appears that the divertee is not meeting the terms
and conditions of his or her diversion program, the court may hold a
hearing and amend such program to provide for greater supervision by
the responsible regional center alone, by the probation department
alone, or by both the regional center and the probation department.
However, notwithstanding any such modification of a diversion order,
the court may hold a hearing to determine whether the diverted
criminal proceedings should be reinstituted if it appears that the
divertee's performance in the diversion program is unsatisfactory, or
if the divertee is subsequently charged with a felony during the
period of diversion.
(a) In cases of dual agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated by either the
court, the prosecutor, the regional center, or the probation
department.
(b) In cases of single agency diversion, a hearing to reinstitute
the diverted criminal proceedings may be initiated only by the court,
the prosecutor, or the regional center.
(c) No hearing for either of these purposes shall be held unless
the moving agency or the court has given the divertee prior notice of
the hearing.
(d) Where the cause of the hearing is a subsequent charge of a
felony against the divertee subsequent to the diversion order, any
hearing to reinstitute the diverted criminal proceedings shall be
delayed until such time as probable cause has been established in
court to bind the defendant over for trial on the subsequently
charged felony.
1001.30. At any time during which the defendant is participating in
a diversion program, he or she may withdraw consent to further
participate in the diversion program, and at such time as such
consent is withdrawn, the suspended criminal proceedings may resume
or such other disposition may be made as is authorized by law.
1001.31. If the divertee has performed satisfactorily during the
period of diversion, the criminal charges shall be dismissed at the
end of the diversion period.
1001.32. Any record filed with the State Department of Justice
shall indicate the disposition of those cases diverted pursuant to
this chapter.
1001.33. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.
1001.34. Notwithstanding any other provision of law, the
diversion-related individual program plan shall be fully implemented
by the regional centers upon court order and approval of the
diversion-related treatment and habilitation plan.
[/align]
Pretrial diversion of traffic violators
[align=left]
PRETRIAL DIVERSION OF TRAFFIC VIOLATORS
1001.40. Notwithstanding any other provision of law, a county
acting on behalf of one or more individual courts may by ordinance
establish a program that provides for pretrial diversion by the court
of any person issued a notice to appear for a traffic violation to
attend any traffic violator school licensed pursuant to Chapter 1.5
(commencing with Section 11200) of Division 5 of the Vehicle Code.
[/align]
Diversion of misdemeanor offenders
[align=left]
DIVERSION OF MISDEMEANOR OFFENDERS
1001.50. (a) Notwithstanding any other provision of law, this
chapter shall become operative in a county only if the board of
supervisors adopts the provisions of this chapter by ordinance.
(b) The district attorney of each county shall review annually any
diversion program established pursuant to this chapter, and no
program shall continue without the approval of the district attorney.
No person shall be diverted under a program unless it has been
approved by the district attorney. Nothing in this subdivision shall
authorize the prosecutor to determine whether a particular defendant
shall be diverted.
(c) As used in this chapter, "pretrial diversion" means the
procedure of postponing prosecution either temporarily or permanently
at any point in the judicial process from the point at which the
accused is charged until adjudication.
1001.51. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading concerning the commission of a
misdemeanor, except a misdemeanor specified in subdivision (b), and
it appears to the court that all of the following apply to the
defendant:
(1) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(2) The defendant's record does not indicate that he has been
diverted pursuant to this chapter within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(3) The defendant has never been convicted of a felony, and has
not been convicted of a misdemeanor within five years prior to the
filing of the accusatory pleading which charges the divertible
offense.
(b) This chapter shall not apply to any pretrial diversion or
posttrial program otherwise established by this code, nor shall this
chapter be deemed to authorize any pretrial diversion or posttrial
program for any person alleged to have committed a violation of
Section 23152 or 23153 of the Vehicle Code.
(c) This chapter shall not apply whenever the accusatory pleading
charges the commission of a misdemeanor:
(1) For which incarceration would be mandatory upon conviction of
the defendant.
(2) For which registration would be required pursuant to Section
290 upon conviction of the defendant.
(3) Which the magistrate determines shall be prosecuted as a
misdemeanor pursuant to paragraph (5) of subdivision (b) of Section
17.
(4) Which involves the use of force or violence against a person,
unless the charge is of a violation of Section 241 or 243.
(5) For which the granting of probation is prohibited.
(6) Which is a driving offense punishable as a misdemeanor
pursuant to the Vehicle Code.
1001.52. (a) If the defendant consents and waives his right to a
speedy trial, the case shall be referred to the probation department.
The probation department shall conduct such investigation as is
necessary to determine whether the defendant qualifies for diversion
under subdivision (a) of Section 1001.51, and whether he or she is a
person who would be benefited by education, treatment or
rehabilitation. The probation department shall also determine which
educational, treatment or rehabilitative plan would benefit the
defendant. The probation department shall report its findings and
recommendation to the court. If the recommendation includes referral
to a community program, the report shall contain a statement
regarding the program's willingness to accept the defendant and the
manner in which the services they offer can assist the defendant in
completing the diversion program successfully.
(b) No statement, or any information procured therefrom, made by
the defendant to any probation officer, which is made during the
course of any investigation conducted by the probation department
pursuant to subdivision (b), and prior to the reporting of the
probation department's findings and recommendations to the court,
shall be admissible in any action or proceeding brought subsequent to
the investigation.
No statement, or any information procured therefrom, with respect
to the specific offense with which the defendant is charged, which is
made to any probation officer subsequent to the granting of
diversion, shall be admissible in any action or proceeding.
In the event that diversion is either denied, or is subsequently
revoked once it has been granted, neither the probation investigation
nor statements or information divulged during that investigation
shall be used in any pretrial sentencing procedures.
1001.53. 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 such 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 such 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.
1001.54. If it appears to the probation department that the
divertee is performing unsatisfactorily in the assigned program, or
that the divertee is not benefiting from education, treatment or
rehabilitation, or that the divertee is convicted of a misdemeanor in
which force or violence is used, or if the divertee is convicted of
a felony, after notice to the divertee, the court shall hold a
hearing to determine whether the criminal proceedings should be
reinstituted. If the court finds that the divertee is not performing
satisfactorily in the assigned program, or that the divertee is not
benefiting from diversion, or the court finds that the divertee has
been convicted of a crime as indicated above, the criminal case shall
be referred back to the court for resumption of the criminal
proceedings. If the divertee has performed satisfactorily during the
period of diversion, at the end of the period of diversion, the
criminal charges shall be dismissed.
1001.55. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases diverted pursuant to this
chapter. Upon successful completion of a diversion program, the
arrest upon which the diversion was based shall be deemed to have
never occurred. The divertee may indicate in response to any
question concerning his or her prior criminal record that he or she
was not arrested or diverted for the offense, except as specified in
subdivision (b). A record pertaining to an arrest resulting in
successful completion of a diversion program shall not, without the
divertee's consent, be used in any way that could result in the
denial of any employment, benefit, license, or certificate.
(b) The divertee shall be advised that, regardless of his or her
successful completion of diversion, the arrest upon which the
diversion was based may be disclosed by the Department of Justice in
response to any peace officer application request and that,
notwithstanding subdivision (a), this section does not relieve him or
her of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.
[/align]
Diversion restitution fee
[align=left]
1001.90. (a) For all persons charged with a felony or misdemeanor
whose case is diverted by the court pursuant to this title, the court
shall impose on the defendant a diversion restitution fee in
addition to any other administrative fee provided or imposed under
the law. This fee shall not be imposed upon persons whose case is
diverted by the court pursuant to Chapter 2.8 (commencing with
Section 1001.20).
(b) The diversion restitution fee imposed pursuant to this section
shall be set at the discretion of the court and shall be
commensurate with the seriousness of the offense, but shall not be
less than one hundred dollars ($100), and not more than one thousand
dollars ($1,000).
(c) The diversion restitution fee shall be ordered regardless of
the defendant's present ability to pay. However, if the court finds
that there are compelling and extraordinary reasons, the court may
waive imposition of the fee. When the waiver is granted, the court
shall state on the record all reasons supporting the waiver. Except
as provided in this subdivision, the court shall impose the separate
and additional diversion restitution fee required by this section.
(d) In setting the amount of the diversion restitution fee in
excess of the one hundred dollar ($100) minimum, the court shall
consider any relevant factors, including, but not limited to, the
defendant's ability to pay, the seriousness and gravity of the
offense and the circumstances of its commission, any economic gain
derived by the defendant as a result of the crime, and the extent to
which any other person suffered any losses as a result of the crime.
Those losses may include pecuniary losses to the victim or his or
her dependents as well as intangible losses, such as psychological
harm caused by the crime. Consideration of a defendant's ability to
pay may include his or her future earning capacity. A defendant
shall bear the burden of demonstrating the lack of his or her ability
to pay. Express findings by the court as to the factors bearing on
the amount of the fee shall not be required. A separate hearing for
the diversion restitution fee shall not be required.
(e) The court shall not limit the ability of the state to enforce
the fee imposed by this section in the manner of a judgment in a
civil action. The court shall not modify the amount of this fee
except to correct an error in the setting of the amount of the fee
imposed.
(f) The fee imposed pursuant to this section shall be immediately
deposited in the Restitution Fund for use pursuant to Section 13967
of the Government Code.
(g) The board of supervisors of any county may impose a fee at its
discretion to cover the actual administrative costs of collection of
the restitution fee, not to exceed 10 percent of the amount ordered
to be paid. Any fee imposed pursuant to this subdivision shall be
deposited in the general fund of the county.
(h) The state shall pay the county agency responsible for
collecting the diversion restitution fee owed to the Restitution Fund
under this section, 10 percent of the funds so owed and collected by
the county agency and deposited in the Restitution Fund. This
payment shall be made only when the funds are deposited in the
Restitution Fund within 45 days of the end of the month in which the
funds are collected. Receiving 10 percent of the moneys collected as
being owed to the Restitution Fund shall be considered an incentive
for collection efforts and shall be used for furthering these
collection efforts. The 10 percent rebates shall be used to augment
the budgets for the county agencies responsible for collection of
funds owed to the Restitution Fund as provided in this section. The
10 percent rebates shall not be used to supplant county funding.
(i) As used in this section, "diversion" also means deferred entry
of judgment pursuant to Chapter 2.5 (commencing with Section 1000).[/align]