"u.s.a"california penal code

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939. No person other than those specified in Article 3 (commencing
with Section 934), and in Sections 939.1, 939.11, and 939.21, and the
officer having custody of a prisoner witness while the prisoner is
testifying, is permitted to be present during the criminal sessions
of the grand jury except the members and witnesses actually under
examination. Members of the grand jury who have been excused
pursuant to Section 939.5 shall not be present during any part of
these proceedings. No persons other than grand jurors shall be
permitted to be present during the expression of the opinions of the
grand jurors, or the giving of their votes, on any criminal or civil
matter before them.



939.1. The grand jury acting through its foreman and the attorney
general or the district attorney may make a joint written request for
public sessions of the grand jury. The request shall be filed with
the superior court. If the court, or the judge thereof, finds that
the subject matter of the investigation affects the general public
welfare, involving the alleged corruption, misfeasance, or
malfeasance in office or dereliction of duty of public officials or
employees or of any person allegedly acting in conjunction or
conspiracy with such officials or employees in such alleged acts, the
court or judge may make an order directing the grand jury to conduct
its investigation in a session or sessions open to the public. The
order shall state the finding of the court. The grand jury shall
comply with the order.
The conduct of such investigation and the examination of witnesses
shall be by the members of the grand jury and the district attorney.

The deliberation of the grand jury and its voting upon such
investigation shall be in private session. The grand jury may find
indictments based wholly or partially upon the evidence introduced at
such public session.


939.11. Any member of the grand jury who has a hearing, sight, or
speech disability may request an interpreter when his or her services
are necessary to assist the juror to carry out his or her duties.
The request shall be filed with the superior court. If the court, or
the judge thereof, finds that an interpreter is necessary, the court
shall make an order to that effect and may require by subpoena the
attendance of any person before the grand jury as interpreter. If
the services of an interpreter are necessary, the court shall
instruct the grand jury and the interpreter that the interpreter is
not to participate in the jury's deliberations in any manner except
to facilitate communication between the disabled juror and the other
jurors. The court shall place the interpreter under oath not to
disclose any grand jury matters, including the testimony of any
witness, statements of any grand juror, or the vote of any grand
juror, except in the due course of judicial proceedings.



939.2. A subpoena requiring the attendance of a witness before the
grand jury may be signed and issued by the district attorney, his
investigator or, upon request of the grand jury, by any judge of the
superior court, for witnesses in the state, in support of the
prosecution, for those witnesses whose testimony, in his opinion is
material in an investigation before the grand jury, and for such
other witnesses as the grand jury, upon an investigation pending
before them, may direct.



939.21. (a) Any prosecution witness before the grand jury in a
proceeding involving a violation of Section 243.4, 261, 273a, 273d,
285, 286, 288, 288a, 288.5, or 289, subdivision (1) of Section 314,
Section 368, 647.6, or former Section 647a, who is a minor or a
dependent person, may, at the discretion of the prosecution, select a
person of his or her own choice to attend the testimony of the
prosecution witness for the purpose of providing support. The person
chosen shall not be a witness in the same proceeding, or a person
described in Section 1070 of the Evidence Code.
(b) The grand jury foreperson shall inform any person permitted to
attend the grand jury proceedings pursuant to this section that
grand jury proceedings are confidential and may not be discussed with
anyone not in attendance at the proceedings. The foreperson also
shall admonish that person not to prompt, sway, or influence the
witness in any way. Nothing in this section shall preclude the
presiding judge from exercising his or her discretion to remove a
person from the grand jury proceeding whom the judge believes is
prompting, swaying, or influencing the witness.



939.3. In any investigation or proceeding before a grand jury for
any felony offense when a person refuses to answer a question or
produce evidence of any other kind on the ground that he may be
incriminated thereby, proceedings may be had under Section 1324.




939.4. The foreman may administer an oath to any witness appearing
before the grand jury.



939.5. Before considering a charge against any person, the foreman
of the grand jury shall state to those present the matter to be
considered and the person to be charged with an offense in connection
therewith. He shall direct any member of the grand jury who has a
state of mind in reference to the case or to either party which will
prevent him from acting impartially and without prejudice to the
substantial rights of the party to retire. Any violation of this
section by the foreman or any member of the grand jury is punishable
by the court as a contempt.



939.6. (a) Subject to subdivision (b), in the investigation of a
charge, the grand jury shall receive no other evidence than what is:

(1) Given by witnesses produced and sworn before the grand jury;
(2) Furnished by writings, material objects, or other things
presented to the senses; or
(3) Contained in a deposition that is admissible under subdivision
3 of Section 686.
(b) Except as provided in subdivision (c), the grand jury shall
not receive any evidence except that which would be admissible over
objection at the trial of a criminal action, but the fact that
evidence that would have been excluded at trial was received by the
grand jury does not render the indictment void where sufficient
competent evidence to support the indictment was received by the
grand jury.
(c) Notwithstanding Section 1200 of the Evidence Code, as to the
evidence relating to the foundation for admissibility into evidence
of documents, exhibits, records, and other items of physical
evidence, the evidence to support the indictment may be based in
whole or in part upon the sworn testimony of a law enforcement
officer relating the statement of a declarant made out of court and
offered for the truth of the matter asserted. Any law enforcement
officer testifying as to a hearsay statement pursuant to this
subdivision shall have either five years of law enforcement
experience or have completed a training course certified by the
Commission on Peace Officer Standards and Training that includes
training in the investigation and reporting of cases and testifying
at preliminary hearings.



939.7. The grand jury is not required to hear evidence for the
defendant, but it shall weigh all the evidence submitted to it, and
when it has reason to believe that other evidence within its reach
will explain away the charge, it shall order the evidence to be
produced, and for that purpose may require the district attorney to
issue process for the witnesses.



939.71. (a) If the prosecutor is aware of exculpatory evidence, the
prosecutor shall inform the grand jury of its nature and existence.
Once the prosecutor has informed the grand jury of exculpatory
evidence pursuant to this section, the prosecutor shall inform the
grand jury of its duties under Section 939.7. If a failure to comply
with the provisions of this section results in substantial
prejudice, it shall be grounds for dismissal of the portion of the
indictment related to that evidence.
(b) It is the intent of the Legislature by enacting this section
to codify the holding in Johnson v. Superior Court, 15 Cal. 3d 248,
and to affirm the duties of the grand jury pursuant to Section 939.7.



939.8. The grand jury shall find an indictment when all the
evidence before it, taken together, if unexplained or uncontradicted,
would, in its judgment, warrant a conviction by a trial jury.



939.9. A grand jury shall make no report, declaration, or
recommendation on any matter except on the basis of its own
investigation of the matter made by such grand jury. A grand jury
shall not adopt as its own the recommendation of another grand jury
unless the grand jury adopting such recommendation does so after its
own investigation of the matter as to which the recommendation is
made, as required by this section.



939.91. (a) A grand jury which investigates a charge against a
person, and as a result thereof cannot find an indictment against
such person, shall, at the request of such person and upon the
approval of the court which impaneled the grand jury, report or
declare that a charge against such person was investigated and that
the grand jury could not as a result of the evidence presented find
an indictment. The report or declaration shall be issued upon
completion of the investigation of the suspected criminal conduct, or
series of related suspected criminal conduct, and in no event beyond
the end of the grand jury's term.
(b) A grand jury shall, at the request of the person called and
upon the approval of the court which impaneled the grand jury, report
or declare that any person called before the grand jury for a
purpose, other than to investigate a charge against such person, was
called only as a witness to an investigation which did not involve a
charge against such person. The report or declaration shall be
issued upon completion of the investigation of the suspected criminal
conduct, or series of related suspected criminal conduct, and in no
event beyond the end of the grand jury's term.[/align]

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FINDING AND PRESENTMENT OF THE INDICTMENT


940. An indictment cannot be found without concurrence of at least
14 grand jurors in a county in which the required number of members
of the grand jury prescribed by Section 888.2 is 23, at least eight
grand jurors in a county in which the required number of members is
11, and at least 12 grand jurors in all other counties. When so
found it shall be endorsed, "A true bill," and the endorsement shall
be signed by the foreman of the grand jury.



943. When an indictment is found, the names of the witnesses
examined before the Grand Jury, or whose depositions may have been
read before them, must be inserted at the foot of the indictment, or
indorsed thereon, before it is presented to the Court.




944. An indictment, when found by the grand jury, must be presented
by their foreman, in their presence, to the court, and must be filed
with the clerk. No recommendation as to the dollar amount of bail
to be fixed shall be made to any court by any grand jury.



945. When an indictment is found against a defendant not in
custody, the same proceedings must be had as are prescribed in
Sections 979 to 984, inclusive, against a defendant who fails to
appear for arraignment.
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[align=left]948. All the forms of pleading in criminal actions, and the rules
by which the sufficiency of pleadings is to be determined, are those
prescribed by this Code.



949. The first pleading on the part of the people in the superior
court in a felony case is the indictment, information, or the
complaint in any case certified to the superior court under Section
859a. The first pleading on the part of the people in a misdemeanor
or infraction case is the complaint except as otherwise provided by
law. The first pleading on the part of the people in a proceeding
pursuant to Section 3060 of the Government Code is an accusation.



950. The accusatory pleading must contain:
1. The title of the action, specifying the name of the court to
which the same is presented, and the names of the parties;
2. A statement of the public offense or offenses charged therein.




951. An indictment or information may be in substantially the
following form: The people of the State of California against A. B.
In the superior court of the State of California, in and for the
county of ____. The grand jury (or the district attorney) of the
county of ____ hereby accuses A. B. of a felony (or misdemeanor), to
wit: (giving the name of the crime, as murder, burglary, etc.), in
that on or about the ____ day of ____, 19__, in the county of ____,
State of California, he (here insert statement of act or omission, as
for example, "murdered C. D.").



952. In charging an offense, each count shall contain, and shall be
sufficient if it contains in substance, a statement that the accused
has committed some public offense therein specified. Such statement
may be made in ordinary and concise language without any technical
averments or any allegations of matter not essential to be proved.
It may be in the words of the enactment describing the offense or
declaring the matter to be a public offense, or in any words
sufficient to give the accused notice of the offense of which he is
accused. In charging theft it shall be sufficient to allege that the
defendant unlawfully took the labor or property of another.



953. When a defendant is charged by a fictitious or erroneous name,
and in any stage of the proceedings his true name is discovered, it
must be inserted in the subsequent proceedings, referring to the fact
of his being charged by the name mentioned in the accusatory
pleading.



954. An accusatory pleading may charge two or more different
offenses connected together in their commission, or different
statements of the same offense or two or more different offenses of
the same class of crimes or offenses, under separate counts, and if
two or more accusatory pleadings are filed in such cases in the same
court, the court may order them to be consolidated. The prosecution
is not required to elect between the different offenses or counts set
forth in the accusatory pleading, but the defendant may be convicted
of any number of the offenses charged, and each offense of which the
defendant is convicted must be stated in the verdict or the finding
of the court; provided, that the court in which a case is triable, in
the interests of justice and for good cause shown, may in its
discretion order that the different offenses or counts set forth in
the accusatory pleading be tried separately or divided into two or
more groups and each of said groups tried separately. An acquittal
of one or more counts shall not be deemed an acquittal of any other
count.


954.1. In cases in which two or more different offenses of the same
class of crimes or offenses have been charged together in the same
accusatory pleading, or where two or more accusatory pleadings
charging offenses of the same class of crimes or offenses have been
consolidated, evidence concerning one offense or offenses need not be
admissible as to the other offense or offenses before the jointly
charged offenses may be tried together before the same trier of fact.



955. The precise time at which the offense was committed need not
be stated in the accusatory pleading, but it may be alleged to have
been committed at any time before the finding or filing thereof,
except where the time is a material ingredient in the offense.




956. When an offense involves the commission of, or an attempt to
commit a private injury, and is described with sufficient certainty
in other respects to identify the act, an erroneous allegation as to
the person injured, or intended to be injured, or of the place where
the offense was committed, or of the property involved in its
commission, is not material.



957. The words used in an accusatory pleading are construed in
their usual acceptance in common language, except such words and
phrases as are defined by law, which are construed according to their
legal meaning.


958. Words used in a statute to define a public offense need not be
strictly pursued in the accusatory pleading, but other words
conveying the same meaning may be used.



959. The accusatory pleading is sufficient if it can be understood
therefrom:
1. That it is filed in a court having authority to receive it,
though the name of the court be not stated.
2. If an indictment, that it was found by a grand jury of the
county in which the court was held, or if an information, that it was
subscribed and presented to the court by the district attorney of
the county in which the court was held.
3. If a complaint, that it is made and subscribed by some natural
person and sworn to before some officer entitled to administer oaths.

4. That the defendant is named, or if his name is unknown, that he
is described by a fictitious name, with a statement that his true
name is to the grand jury, district attorney, or complainant, as the
case may be, unknown.
5. That the offense charged therein is triable in the court in
which it is filed, except in case of a complaint filed with a
magistrate for the purposes of a preliminary examination.
6. That the offense was committed at some time prior to the filing
of the accusatory pleading.



959.1. (a) Notwithstanding Sections 740, 806, 949, and 959 or any
other law to the contrary, a criminal prosecution may be commenced by
filing an accusatory pleading in electronic form with the magistrate
or in a court having authority to receive it.
(b) As used in this section, accusatory pleadings include, but are
not limited to, the complaint, the information, and the indictment.

(c) A magistrate or court is authorized to receive and file an
accusatory pleading in electronic form if all of the following
conditions are met:
(1) The accusatory pleading is issued in the name of, and
transmitted by, a public prosecutor or law enforcement agency filing
pursuant to Chapter 5c (commencing with Section 853.5) or Chapter 5d
(commencing with Section 853.9), or by a clerk of the court with
respect to complaints issued for the offenses of failure to appear,
pay a fine, or comply with an order of the court.
(2) The magistrate or court has the facility to electronically
store the accusatory pleading for the statutory period of record
retention.
(3) The magistrate or court has the ability to reproduce the
accusatory pleading in physical form upon demand and payment of any
costs involved.
An accusatory pleading shall be deemed to have been filed when it
has been received by the magistrate or court.
When transmitted in electronic form, the accusatory pleading shall
be exempt from any requirement that it be subscribed by a natural
person. It is sufficient to satisfy any requirement that an
accusatory pleading, or any part of it, be sworn to before an officer
entitled to administer oaths, if the pleading, or any part of it,
was in fact sworn to and the electronic form indicates which parts of
the pleading were sworn to and the name of the officer who
administered the oath.
(d) Notwithstanding any other law, a notice to appear issued on a
form approved by the Judicial Council may be received and filed by a
court in electronic form, if the following conditions are met:
(1) The notice to appear is issued and transmitted by a law
enforcement agency prosecuting pursuant to Chapter 5c (commencing
with Section 853.5) or Chapter 5d (commencing with Section 853.9) of
Title 3 of Part 2 of this code, or Chapter 2 (commencing with Section
40300) of Division 17 of the Vehicle Code.
(2) The court has all of the following:
(A) The ability to receive the notice to appear in electronic
format.
(B) The facility to electronically store an electronic copy and
the data elements of the notice to appear for the statutory period of
record retention.
(C) The ability to reproduce the electronic copy of the notice to
appear and those data elements in printed form upon demand and
payment of any costs involved.
(3) The issuing agency has the ability to reproduce the notice to
appear in physical form upon demand and payment of any costs
involved.
(e) A notice to appear that is received under subdivision (d) is
deemed to have been filed when it has been accepted by the court and
is in the form approved by the Judicial Council.
(f) If transmitted in electronic form, the notice to appear is
deemed to have been signed by the defendant if it includes a
digitized facsimile of the defendant's signature on the notice to
appear. A notice to appear filed electronically under subdivision (d)
need not be subscribed by the citing officer. An electronically
submitted notice to appear need not be verified by the citing officer
with a declaration under penalty of perjury if the electronic form
indicates which parts of the notice are verified by that declaration
and the name of the officer making the declaration.



960. No accusatory pleading is insufficient, nor can the trial,
judgment, or other proceeding thereon be affected by reason of any
defect or imperfection in matter of form which does not prejudice a
substantial right of the defendant upon the merits.




961. Neither presumptions of law, nor matters of which judicial
notice is authorized or required to be taken, need be stated in an
accusatory pleading.


962. In pleading a judgment or other determination of, or
proceeding before, a Court or officer of special jurisdiction, it is
not necessary to state the facts constituting jurisdiction; but the
judgment or determination may be stated as given or made, or the
proceedings had. The facts constituting jurisdiction, however, must
be established on the trial.



963. In pleading a private statute, or an ordinance of a county or
a municipal corporation, or a right derived therefrom, it is
sufficient to refer to the statute or ordinance by its title and the
day of its passage, and the court must thereupon take judicial notice
thereof in the same manner that it takes judicial notice of matters
listed in Section 452 of the Evidence Code.



964. (a) In each county, the district attorney and the courts, in
consultation with any local law enforcement agencies that may desire
to provide information or other assistance, shall establish a
mutually agreeable procedure to protect confidential personal
information regarding any witness or victim contained in a police
report, arrest report, or investigative report if one of these
reports is submitted to a court by a prosecutor in support of a
criminal complaint, indictment, or information, or by a prosecutor or
law enforcement officer in support of a search warrant or an arrest
warrant.
(b) For purposes of this section, "confidential personal
information" includes, but is not limited to, an address, telephone
number, driver's license or California Identification Card number,
social security number, date of birth, place of employment, employee
identification number, mother's maiden name, demand deposit account
number, savings or checking account number, or credit card number.
(c) (1) This section may not be construed to impair or affect the
provisions of Chapter 10 (commencing with Section 1054) of Title 6 of
Part 2.
(2) This section may not be construed to impair or affect
procedures regarding informant disclosure provided by Sections 1040
to 1042, inclusive, of the Evidence Code, or as altering procedures
regarding sealed search warrant affidavits as provided by People v.
Hobbs (1994) 7 Cal.4th 948.
(3) This section shall not be construed to impair or affect a
criminal defense counsel's access to unredacted reports otherwise
authorized by law, or the submission of documents in support of a
civil complaint.
(4) This section applies as an exception to California Rule of
Court 243.1, as provided by paragraph (2) of subdivision (a) of that
rule.


965. When an instrument which is the subject of an indictment or
information for forgery has been destroyed or withheld by the act or
the procurement of the defendant, and the fact of such destruction or
withholding is alleged in the indictment, or information, and
established on the trial, the misdescription of the instrument is
immaterial.



966. In an accusatory pleading for perjury, or subornation of
perjury, it is sufficient to set forth the substance of the
controversy or matter in respect to which the offense was committed,
and in what court and before whom the oath alleged to be false was
taken, and that the court, or the person before whom it was taken,
had authority to administer it, with proper allegations of the
falsity of the matter on which the perjury is assigned; but the
accusatory pleading need not set forth the pleadings, records, or
proceedings with which the oath is connected, nor the commission or
authority of the court or person before whom the perjury was
committed.



967. In an accusatory pleading charging the theft of money, bank
notes, certificates of stock or valuable securities, or a conspiracy
to cheat or defraud a person of any such property, it is sufficient
to allege the theft, or the conspiracy to cheat or defraud, to be of
money, bank notes, certificates of stock or valuable securities
without specifying the coin, number, denomination, or kind thereof.




968. An accusatory pleading charging exhibiting, publishing,
passing, selling, or offering to sell, or having in possession, with
such intent, any lewd or obscene book, pamphlet, picture, print,
card, paper, or writing, need not set forth any portion of the
language used or figures shown upon such book, pamphlet, picture,
print, card, paper, or writing; but it is sufficient to state
generally the fact of the lewdness or obscenity thereof.



969. In charging the fact of a previous conviction of felony, or of
an attempt to commit an offense which, if perpetrated, would have
been a felony, or of theft, it is sufficient to state, "That the
defendant, before the commission of the offense charged herein, was
in (giving the title of the court in which the conviction was had)
convicted of a felony (or attempt, etc., or of theft)." If more than
one previous conviction is charged, the date of the judgment upon
each conviction may be stated, and all known previous convictions,
whether in this State or elsewhere, must be charged.



969a. Whenever it shall be discovered that a pending indictment or
information does not charge all prior felonies of which the defendant
has been convicted either in this State or elsewhere, said
indictment or information may be forthwith amended to charge such
prior conviction or convictions, and if such amendment is made it
shall be made upon order of the court, and no action of the grand
jury (in the case of an indictment) shall be necessary. Defendant
shall promptly be rearraigned on such information or indictment as
amended and be required to plead thereto.



969b. For the purpose of establishing prima facie evidence of the
fact that a person being tried for a crime or public offense under
the laws of this State has been convicted of an act punishable by
imprisonment in a state prison, county jail or city jail of this
State, and has served a term therefor in any penal institution, or
has been convicted of an act in any other state, which would be
punishable as a crime in this State, and has served a term therefor
in any state penitentiary, reformatory, county jail or city jail, or
has been convicted of an act declared to be a crime by any act or law
of the United States, and has served a term therefor in any penal
institution, the records or copies of records of any state
penitentiary, reformatory, county jail, city jail, or federal
penitentiary in which such person has been imprisoned, when such
records or copies thereof have been certified by the official
custodian of such records, may be introduced as such evidence.




969e. In charging the fact of a previous conviction for a violation
of Section 5652 of the Fish and Game Code, or of Section 13001 or
13002 of the Health and Safety Code or of Section 374b or 374d of the
Penal Code or of Section 23111, 23112, or 23113 of the Vehicle Code,
it is sufficient to state, "That the defendant, before the
commission of the offense charged herein, was in (giving the title of
the court in which the conviction was had) convicted of a violation
of (specifying the section violated)."



969f. (a) Whenever a defendant has committed a serious felony as
defined in subdivision (c) of Section 1192.7, the facts that make the
crime constitute a serious felony may be charged in the accusatory
pleading. However, the crime shall not be referred to as a serious
felony nor shall the jury be informed that the crime is defined as a
serious felony. This charge, if made, shall be added to and be a
part of the count or each of the counts of the accusatory pleading
which charged the offense. If the defendant pleads not guilty to the
offense charged in any count which alleges that the defendant
committed a serious felony, the question whether or not the defendant
committed a serious felony as alleged shall be tried by the court or
jury which tries the issue upon the plea of not guilty. If the
defendant pleads guilty of the offense charged, the question whether
or not the defendant committed a serious felony as alleged shall be
separately admitted or denied by the defendant.
(b) In charging an act or acts that bring the defendant within the
operation of paragraph (8) or (23) of subdivision (c) of Section
1192.7, it is sufficient for purposes of subdivision (a) if the
pleading states the following:
"It is further alleged that in the commission and attempted
commission of the foregoing offense, the defendant ____, personally
(inflicted great bodily injury on another person, other than an
accomplice) (used a firearm, to wit: ____,) (used a dangerous and
deadly weapon, to wit: ____,) within the meaning of Sections 667 and
1192.7 of the Penal Code."


969.5. (a) Whenever it shall be discovered that a pending complaint
to which a plea of guilty has been made under Section 859a does not
charge all prior felonies of which the defendant has been convicted
either in this state or elsewhere, the complaint may be forthwith
amended to charge the prior conviction or convictions and the
amendments may and shall be made upon order of the court. The
defendant shall thereupon be arraigned before the court to which the
complaint has been certified and shall be asked whether he or she has
suffered the prior conviction. If the defendant enters a denial,
his or her answer shall be entered in the minutes of the court. The
refusal of the defendant to answer is equivalent to a denial that he
or she has suffered the prior conviction.
(b) Except as provided in subdivision (c), the question of whether
or not the defendant has suffered the prior conviction shall be
tried by a jury impaneled for that purpose unless a jury is waived,
in which case it may be tried by the court.
(c) Notwithstanding the provisions of subdivision (b), the
question of whether the defendant is the person who has suffered the
prior conviction shall be tried by the court without a jury.



970. When several defendants are named in one accusatory pleading,
any one or more may be convicted or acquitted.



971. The distinction between an accessory before the fact and a
principal, and between principals in the first and second degree is
abrogated; and all persons concerned in the commission of a crime,
who by the operation of other provisions of this code are principals
therein, shall hereafter be prosecuted, tried and punished as
principals and no other facts need be alleged in any accusatory
pleading against any such person than are required in an accusatory
pleading against a principal.



972. An accessory to the commission of a felony may be prosecuted,
tried, and punished, though the principal may be neither prosecuted
nor tried, and though the principal may have been acquitted.



973. If the accusatory pleading in any criminal action has
heretofore been lost or destroyed or shall hereafter be lost or
destroyed, the court must, upon the application of the prosecuting
attorney or of the defendant, order a copy of such pleading to be
filed and substituted for the original, and when filed and
substituted, as provided in this section, the copy shall have the
same force and effect as if it were the original pleading.
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OF THE ARRAIGNMENT OF THE DEFENDANT

976. (a) When the accusatory pleading is filed, the defendant shall
be arraigned thereon before the court in which it is filed, unless
the action is transferred to some other court for trial. However,
within any county, if the defendant is in custody, upon the approval
of both the presiding judge of the court in which the accusatory
pleading is filed and the presiding judge of the court nearest to the
place in which he or she is held in custody the arraignment may be
before the court nearest to that place of custody.
(b) A defendant arrested in another county shall have the right to
be taken before a magistrate in the arresting county for the purpose
of being admitted to bail, as provided in Section 821 or 822. The
defendant shall be informed of this right.
(c) Prior to being taken from the place where he or she is in
custody to the place where he or she is to be arraigned, the
defendent shall be allowed to make three completed telephone calls,
at no expense to the defendant, in addition to any other telephone
calls which the defendant is entitled to make pursuant to law.



977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraphs (2) and (3). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
a misdemeanor violation of Section 273.6, the accused shall be
present for arraignment and sentencing, and at any time during the
proceedings when ordered by the court for the purpose of being
informed of the conditions of a protective order issued pursuant to
Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving
driving under the influence, in an appropriate case, the court may
order a defendant to be present for arraignment, at the time of plea,
or at sentencing. For purposes of this paragraph, a misdemeanor
offense involving driving under the influence shall include a
misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle
Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"Waiver of Defendant's Personal Presence"

"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."

(c) The court may permit the initial court appearance and
arraignment of defendants held in any state, county, or local
facility within the county on felony or misdemeanor charges, except
for those defendants who were indicted by a grand jury, to be
conducted by two-way electronic audiovideo communication between the
defendant and the courtroom in lieu of the physical presence of the
defendant in the courtroom. If the defendant is represented by
counsel, the attorney shall be present with the defendant at the
initial court appearance and arraignment, and may enter a plea during
the arraignment. However, if the defendant is represented by counsel
at an arraignment on an information in a felony case, and if the
defendant does not plead guilty or nolo contendere to any charge, the
attorney shall be present with the defendant or if the attorney is
not present with the defendant, the attorney shall be present in
court during the hearing. The defendant shall have the right to make
his or her plea while physically present in the courtroom if he or
she so requests. If the defendant decides not to exercise the right
to be physically present in the courtroom, he or she shall execute a
written waiver of that right. A judge may order a defendant's
personal appearance in court for the initial court appearance and
arraignment. In a misdemeanor case, a judge may, pursuant to this
subdivision, accept a plea of guilty or no contest from a defendant
who is not physically in the courtroom. In a felony case, a judge
may, pursuant to this subdivision, accept a plea of guilty or no
contest from a defendant who is not physically in the courtroom if
the parties stipulate thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney shall be present with the
defendant in any county exceeding 4,000,000 persons in population.



977.1. The resolution of questions of fact or issues of law by
trial or hearing which can be made without the assistance or
participation of the defendant is not prohibited by the existence of
any pending proceeding to determine whether the defendant is or
remains mentally incompetent or gravely disabled pursuant to the
provisions of either this code or the Welfare and Institutions Code.



977.2. (a) Notwithstanding Section 977 or any other law, in any
case in which the defendant is charged with a misdemeanor or a felony
and is currently incarcerated in the state prison, the Department of
Corrections may arrange for all court appearances in superior court,
except for the preliminary hearing, trial, judgment and sentencing,
and motions to suppress, to be conducted by two-way electronic
audiovideo communication between the defendant and the courtroom in
lieu of the physical presence of the defendant in the courtroom.
Nothing in this section shall be interpreted to eliminate the
authority of the court to issue an order requiring the defendant to
be physically present in the courtroom in those cases where the court
finds circumstances that require the physical presence of the
defendant in the courtroom. For those court appearances that the
department determines to conduct by two-way electronic audiovideo
communication, the department shall arrange for two-way electronic
audiovideo communication between the superior court and any state
prison facility located in the county. The department shall provide
properly maintained equipment and adequately trained staff at the
prison as well as appropriate training for court staff to ensure that
consistently effective two-way communication is provided between the
prison facility and the courtroom for all appearances that the
department determines to conduct by two-way electronic audiovideo
communication.
(b) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However, if
the defendant is represented by counsel at an arraignment on an
information or indictment in a felony case, and if the defendant does
not plead guilty or nolo contendere to any charge, the attorney
shall be present with the defendant or if the attorney is not present
with the defendant, the attorney shall be present in court during
the hearing.
(c) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the department
shall establish a confidential telephone and facsimile transmission
line between the court and the institution for communication between
the defendant's counsel in court and the defendant at the
institution. In this case, counsel for the defendant shall not be
required to be physically present at the institution during any court
appearance that is conducted via electronic audiovideo
communication. Nothing in this section shall be construed to prohibit
the physical presence of the defense counsel with the defendant at
the state prison.


978. When his personal appearance is necessary, if he is in
custody, the Court may direct and the officer in whose custody he is
must bring him before it to be arraigned.



978.5. (a) A bench warrant of arrest may be issued whenever a
defendant fails to appear in court as required by law including, but
not limited to, the following situations:
(1) If the defendant is ordered by a judge or magistrate to
personally appear in court at a specific time and place.
(2) If the defendant is released from custody on bail and is
ordered by a judge or magistrate, or other person authorized to
accept bail, to personally appear in court at a specific time and
place.
(3) If the defendant is released from custody on his own
recognizance and promises to personally appear in court at a specific
time and place.
(4) If the defendant is released from custody or arrest upon
citation by a peace officer or other person authorized to issue
citations and the defendant has signed a promise to personally appear
in court at a specific time and place.
(5) If a defendant is authorized to appear by counsel and the
court or magistrate orders that the defendant personally appear in
court at a specific time and place.
(6) If an information or indictment has been filed in the superior
court and the court has fixed the date and place for the defendant
personally to appear for arraignment.
(b) The bench warrant may be served in any county in the same
manner as a warrant of arrest.



979. If the defendant has been discharged on bail or has deposited
money or other property instead thereof, and does not appear to be
arraigned when his personal presence is necessary, the court, in
addition to the forfeiture of the undertaking of bail or of the money
or other property deposited, may order the issuance of a bench
warrant for his arrest.



980. (a) At any time after the order for a bench warrant is made,
whether the court is sitting or not, the clerk may issue a bench
warrant to one or more counties.
(b) The clerk shall require the appropriate agency to enter each
bench warrant issued on a private surety-bonded felony case into the
national warrant system (National Crime Information Center (NCIC)).
If the appropriate agency fails to enter the bench warrant into the
national warrant system (NCIC), and the court finds that this failure
prevented the surety or bond agent from surrendering the fugitive
into custody, prevented the fugitive from being arrested or taken
into custody, or resulted in the fugitive's subsequent release from
custody, the court having jurisdiction over the bail shall, upon
petition, set aside the forfeiture of the bond and declare all
liability on the bail bond to be exonerated.




981. The bench warrant must be substantially in the following form:

County of ____. The People of the State of California to any
Sheriff, Marshal, or Policeman in this State: An accusatory pleading
having been filed on the ____ day of ____, A.D. ____, in the
Superior Court of the County of ____, charging C.D. with the crime
of ____ (designating it generally); you are, therefore, commanded
forthwith to arrest the above named C.D., and bring him or her before
that Court (or if the accusatory pleading has been sent to another
Court, then before that Court, naming it), to answer said accusatory
pleading, or if the Court is not in session, that you deliver him or
her into the custody of the Sheriff of the County of ____.
Given under my hand, with the seal of said Court affixed, this
____ day of ____, A.D.____.
By order of said Court.


(SEAL.) E. F., Clerk.



982. The defendant, when arrested under a warrant for an offense
not bailable, must be held in custody by the Sheriff of the county in
which the indictment is found or information filed, unless admitted
to bail after an examination upon a writ of habeas corpus; but if the
offense is bailable, there must be added to the body of the bench
warrant a direction to the following effect: "Or, if he requires it,
that you take him before any magistrate in that county, or in the
county in which you arrest him, that he may give bail to answer to
the indictment (or information);" and the Court, upon directing it to
issue, must fix the amount of bail, and an indorsement must be made
thereon and signed by the Clerk, to the following effect: "The
defendant is to be admitted to bail in the sum of ____ dollars."




983. The bench warrant may be served in any county in the same
manner as a warrant of arrest.



984. If the defendant is brought before a magistrate of another
county for the purpose of giving bail, the magistrate must proceed in
respect thereto in the same manner as if the defendant had been
brought before him upon a warrant of arrest, and the same proceedings
must be had thereon.



985. When the information or indictment is for a felony, and the
defendant, before the filing thereof, has given bail for his
appearance to answer the charge, the Court to which the indictment or
information is presented, or in which it is pending, may order the
defendant to be committed to actual custody, unless he gives bail in
an increased amount, to be specified in the order.



986. If the defendant is present when the order is made, he must be
forthwith committed. If he is not present, a bench warrant must be
issued and proceeded upon in the manner provided in this chapter.



987. (a) In a noncapital case, if the defendant appears for
arraignment without counsel, he or she shall be informed by the court
that it is his or her right to have counsel before being arraigned,
and shall be asked if he or she desires the assistance of counsel.
If he or she desires and is unable to employ counsel the court shall
assign counsel to defend him or her.
(b) In a capital case, if the defendant appears for arraignment
without counsel, the court shall inform him or her that he or she
shall be represented by counsel at all stages of the preliminary and
trial proceedings and that the representation is at his or her
expense if he or she is able to employ counsel or at public expense
if he or she is unable to employ counsel, inquire of him or her
whether he or she is able to employ counsel and, if so, whether he or
she desires to employ counsel of his or her choice or to have
counsel assigned, and allow him or her a reasonable time to send for
his or her chosen or assigned counsel. If the defendant is unable to
employ counsel, the court shall assign counsel to defend him or her.
If the defendant is able to employ counsel and either refuses to
employ counsel or appears without counsel after having had a
reasonable time to employ counsel, the court shall assign counsel.
The court shall at the first opportunity inform the defendant's
trial counsel, whether retained by the defendant or court-appointed,
of the additional duties imposed upon trial counsel in any capital
case as set forth in paragraph (1) of subdivision (b) of Section
1240.1.
(c) In order to assist the court in determining whether a
defendant is able to employ counsel in any case, the court may
require a defendant to file a financial statement or other financial
information under penalty of perjury with the court or, in its
discretion, order a defendant to appear before a county officer
designated by the court to make an inquiry into the ability of the
defendant to employ his or her own counsel. If a county officer is
designated, the county officer shall provide to the court a written
recommendation and the reason or reasons in support of the
recommendation. The determination by the court shall be made on the
record. Except as provided in Section 1214, the financial statement
or other financial information obtained from the defendant shall be
confidential and privileged and shall not be admissible in evidence
in any criminal proceeding except the prosecution of an alleged
offense of perjury based upon false material contained in the
financial statement. The financial statement shall be made available
to the prosecution only for purposes of investigation of an alleged
offense of perjury based upon false material contained in the
financial statement at the conclusion of the proceedings for which
the financial statement was required to be submitted. The financial
statement and other financial information obtained from the defendant
shall not be confidential and privileged in a proceeding under
Section 987.8.
(d) In a capital case, the court may appoint an additional
attorney as a cocounsel upon a written request of the first attorney
appointed. The request shall be supported by an affidavit of the
first attorney setting forth in detail the reasons why a second
attorney should be appointed. Any affidavit filed with the court
shall be confidential and privileged. The court shall appoint a
second attorney when it is convinced by the reasons stated in the
affidavit that the appointment is necessary to provide the defendant
with effective representation. If the request is denied, the court
shall state on the record its reasons for denial of the request.
(e) This section shall become operative on January 1, 2000.




987.05. In assigning defense counsel in felony cases, whether it is
the public defender or private counsel, the court shall only assign
counsel who represents, on the record, that he or she will be ready
to proceed with the preliminary hearing or trial, as the case may be,
within the time provisions prescribed in this code for preliminary
hearings and trials, except in those unusual cases where the court
finds that, due to the nature of the case, counsel cannot reasonably
be expected to be ready within the presecribed period if he or she
were to begin preparing the case forthwith and continue to make
diligent and constant efforts to be ready. In the case where the
time of preparation for preliminary hearing or trial is deemed
greater than the statutory time, the court shall set a reasonable
time period for preparation. In making this determination, the court
shall not consider counsel's convenience, counsel's calendar
conflicts, or counsel's other business. The court may allow counsel
a reasonable time to become familiar with the case in order to
determine whether he or she can be ready. In cases where counsel,
after making representations that he or she will be ready for
preliminary examination or trial, and without good cause is not ready
on the date set, the court may relieve counsel from the case and may
impose sanctions upon counsel, including, but not limited to,
finding the assigned counsel in contempt of court, imposing a fine,
or denying any public funds as compensation for counsel's services.
Both the prosecuting attorney and defense counsel shall have a right
to present evidence and argument as to a reasonable length of time
for preparation and on any reasons why counsel could not be prepared
in the set time.


987.1. Counsel at the preliminary examination shall continue to
represent a defendant who has been ordered to stand trial for a
felony until the date set for arraignment on the information unless
relieved by the court upon the substitution of other counsel or for
cause.



987.2. (a) In any case in which a person, including a person who is
a minor, desires but is unable to employ counsel, and in which
counsel is assigned in the superior court to represent the person in
a criminal trial, proceeding, or appeal, the following assigned
counsel shall receive a reasonable sum for compensation and for
necessary expenses, the amount of which shall be determined by the
court, to be paid out of the general fund of the county:
(1) In a county or city and county in which there is no public
defender.
(2) In a county of the first, second, or third class where there
is no contract for criminal defense services between the county and
one or more responsible attorneys.
(3) In a case in which the court finds that, because of a conflict
of interest or other reasons, the public defender has properly
refused.
(4) In a county of the first, second, or third class where
attorneys contracted by the county are unable to represent the person
accused.
(b) The sum provided for in subdivision (a) may be determined by
contract between the court and one or more responsible attorneys
after consultation with the board of supervisors as to the total
amount of compensation and expenses to be paid, which shall be within
the amount of funds allocated by the board of supervisors for the
cost of assigned counsel in those cases.
(c) In counties that utilize an assigned private counsel system as
either the primary method of public defense or as the method of
appointing counsel in cases where the public defender is unavailable,
the county, the courts, or the local county bar association working
with the courts are encouraged to do all of the following:
(1) Establish panels that shall be open to members of the State
Bar of California.
(2) Categorize attorneys for panel placement on the basis of
experience.
(3) Refer cases to panel members on a rotational basis within the
level of experience of each panel, except that a judge may exclude an
individual attorney from appointment to an individual case for good
cause.
(4) Seek to educate those panel members through an approved
training program.
(5) Establish a cost-efficient plan to ensure maximum recovery of
costs pursuant to Section 987.8.
(d) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county and the courts
have contracted with one or more responsible attorneys or with a
panel of attorneys to provide criminal defense services for indigent
defendants, the court shall utilize the services of the
county-contracted attorneys prior to assigning any other private
counsel. Nothing in this subdivision shall be construed to require
the appointment of counsel in any case in which the counsel has a
conflict of interest. In the interest of justice, a court may depart
from that portion of the procedure requiring appointment of a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(e) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county has created a
second public defender and contracted with one or more responsible
attorneys or with a panel of attorneys to provide criminal defense
services for indigent defendants, and if the quality of
representation provided by the second public defender is comparable
to the quality of representation provided by the public defender, the
court shall next utilize the services of the second public defender
and then the services of the county-contracted attorneys prior to
assigning any other private counsel. Nothing in this subdivision
shall be construed to require the appointment of counsel in any case
in which the counsel has a conflict of interest. In the interest of
justice, a court may depart from that portion of the procedure
requiring appointment of the second public defender or a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(f) In any case in which counsel is assigned as provided in
subdivision (a), that counsel appointed by the court and any
court-appointed licensed private investigator shall have the same
rights and privileges to information as the public defender and the
public defender investigator. It is the intent of the Legislature in
enacting this subdivision to equalize any disparity that exists
between the ability of private, court-appointed counsel and
investigators, and public defenders and public defender
investigators, to represent their clients. This subdivision is not
intended to grant to private investigators access to any confidential
Department of Motor Vehicles' information not otherwise available to
them. This subdivision is not intended to extend to private
investigators the right to issue subpoenas.
(g) Notwithstanding any other provision of this section, where an
indigent defendant is first charged in one county and establishes an
attorney-client relationship with the public defender, defense
services contract attorney, or private attorney, and where the
defendant is then charged with an offense in a second or subsequent
county, the court in the second or subsequent county may appoint the
same counsel as was appointed in the first county to represent the
defendant when all of the following conditions are met:
(1) The offense charged in the second or subsequent county would
be joinable for trial with the offense charged in the first if it
took place in the same county, or involves evidence which would be
cross-admissible.
(2) The court finds that the interests of justice and economy will
be best served by unitary representation.
(3) Counsel appointed in the first county consents to the
appointment.
(h) The county may recover costs of public defender services under
Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 for
any case subject to Section 4750.
(i) Counsel shall be appointed to represent, in a misdemeanor
case, a person who desires but is unable to employ counsel, when it
appears that the appointment is necessary to provide an adequate and
effective defense for the defendant. Appointment of counsel in an
infraction case is governed by Section 19.6.
(j) As used in this section, "county of the first, second, or
third class" means the county of the first class, county of the
second class, and county of the third class as provided by Sections
28020, 28022, 28023, and 28024 of the Government Code.



987.3. Whenever in this code a court-appointed attorney is entitled
to reasonable compensation and necessary expenses, the judge of the
court shall consider the following factors, no one of which alone
shall be controlling:
(a) Customary fee in the community for similar services rendered
by privately retained counsel to a nonindigent client.
(b) The time and labor required to be spent by the attorney.
(c) The difficulty of the defense.
(d) The novelty or uncertainty of the law upon which the decision
depended.
(e) The degree of professional ability, skill, and experience
called for and exercised in the performance of the services.
(f) The professional character, qualification, and standing of the
attorney.



987.4. When the public defender or an assigned counsel represents a
person who is a minor in a criminal proceeding, at the expense of a
county, the court may order the parent or guardian of such minor to
reimburse the county for all or any part of such expense, if it
determines that the parent or guardian has the ability to pay such
expense.



987.5. (a) Every defendant shall be assessed a registration fee not
to exceed twenty-five dollars ($25) when represented by appointed
counsel. Notwithstanding this subdivision, no fee shall be required
of any defendant financially unable to pay the fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the defendant shall be asked if he or she is
financially able to pay the registration fee or any portion thereof.
If the defendant indicates that he or she is able to pay the fee or
a portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any defendant who asserts that he or she is unable
to pay the fee or any portion thereof. No other inquiry concerning
the defendant's ability to pay shall be made until proceedings are
held pursuant to Section 987.8.
(c) No defendant shall be denied the assistance of appointed
counsel due solely to a failure to pay the registration fee. An
order to pay the registration fee may be enforced in the manner
provided for enforcement of civil judgments generally, but may not be
enforced by contempt.
(d) The fact that a defendant has or has not been assessed a fee
pursuant to this section shall have no effect in any later
proceedings held pursuant to Section 987.8, except that the defendant
shall be given credit for any amounts paid as a registration fee
toward any lien or assessment imposed pursuant to Section 987.8.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.



987.6. (a) From any state moneys made available to it for such
purpose, the Department of Finance shall, pursuant to this section,
pay to the counties an amount not to exceed 10 percent of the amounts
actually expended by the counties in providing counsel in accordance
with the law whether by public defender, assigned counsel, or both,
for persons charged with violations of state criminal law or
involuntarily detained under the Lanterman-Petris-Short Act, Division
5 (commencing with Section 5000) of the Welfare and Institutions
Code, who desire, but are unable to afford, counsel.
(b) Application for payment shall be made in such manner and at
such times as prescribed by the Department of Finance and the
department may adopt rules necessary or appropriate to carry out the
purposes of this section.



987.8. (a) Upon a finding by the court that a defendant is entitled
to counsel but is unable to employ counsel, the court may hold a
hearing or, in its discretion, order the defendant to appear before a
county officer designated by the court, to determine whether the
defendant owns or has an interest in any real property or other
assets subject to attachment and not otherwise exempt by law. The
court may impose a lien on any real property owned by the defendant,
or in which the defendant has an interest to the extent permitted by
law. The lien shall contain a legal description of the property,
shall be recorded with the county recorder in the county or counties
in which the property is located, and shall have priority over
subsequently recorded liens or encumbrances. The county shall have
the right to enforce its lien for the payment of providing legal
assistance to an indigent defendant in the same manner as other
lienholders by way of attachment, except that a county shall not
enforce its lien on a defendant's principal place of residence
pursuant to a writ of execution. No lien shall be effective as
against a bona fide purchaser without notice of the lien.
(b) In any case in which a defendant is provided legal assistance,
either through the public defender or private counsel appointed by
the court, upon conclusion of the criminal proceedings in the trial
court, or upon the withdrawal of the public defender or appointed
private counsel, the court may, after notice and a hearing, make a
determination of the present ability of the defendant to pay all or a
portion of the cost thereof. The court may, in its discretion, hold
one such additional hearing within six months of the conclusion of
the criminal proceedings. The court may, in its discretion, order
the defendant to appear before a county officer designated by the
court to make an inquiry into the ability of the defendant to pay all
or a portion of the legal assistance provided.
(c) In any case in which the defendant hires counsel replacing a
publicly provided attorney; in which the public defender or appointed
counsel was required by the court to proceed with the case after a
determination by the public defender that the defendant is not
indigent; or, in which the defendant, at the conclusion of the case,
appears to have sufficient assets to repay, without undue hardship,
all or a portion of the cost of the legal assistance provided to him
or her, by monthly installments or otherwise; the court shall make a
determination of the defendant's ability to pay as provided in
subdivision (b), and may, in its discretion, make other orders as
provided in that subdivision.
This subdivision shall be operative in a county only upon the
adoption of a resolution by the board of supervisors to that effect.

(d) If the defendant, after having been ordered to appear before a
county officer, has been given proper notice and fails to appear
before a county officer within 20 working days, the county officer
shall recommend to the court that the full cost of the legal
assistance shall be ordered to be paid by the defendant. The notice
to the defendant shall contain all of the following:
(1) A statement of the cost of the legal assistance provided to
the defendant as determined by the court.
(2) The defendant's procedural rights under this section.
(3) The time limit within which the defendant's response is
required.
(4) A warning that if the defendant fails to appear before the
designated officer, the officer will recommend that the court order
the defendant to pay the full cost of the legal assistance provided
to him or her.
(e) At a hearing, the defendant shall be entitled to, but shall
not be limited to, all of the following rights:
(1) The right to be heard in person.
(2) The right to present witnesses and other documentary evidence.

(3) The right to confront and cross-examine adverse witnesses.
(4) The right to have the evidence against him or her disclosed to
him or her.
(5) The right to a written statement of the findings of the court.

If the court determines that the defendant has the present ability
to pay all or a part of the cost, the court shall set the amount to
be reimbursed and order the defendant to pay the sum to the county in
the manner in which the court believes reasonable and compatible
with the defendant's financial ability. Failure of a defendant who
is not in custody to appear after due notice is a sufficient basis
for an order directing the defendant to pay the full cost of the
legal assistance determined by the court. The order to pay all or a
part of the costs may be enforced in the manner provided for
enforcement of money judgments generally but may not be enforced by
contempt.
Any order entered under this subdivision is subject to relief
under Section 473 of the Code of Civil Procedure.
(f) Prior to the furnishing of counsel or legal assistance by the
court, the court shall give notice to the defendant that the court
may, after a hearing, make a determination of the present ability of
the defendant to pay all or a portion of the cost of counsel. The
court shall also give notice that, if the court determines that the
defendant has the present ability, the court shall order him or her
to pay all or a part of the cost. The notice shall inform the
defendant that the order shall have the same force and effect as a
judgment in a civil action and shall be subject to enforcement
against the property of the defendant in the same manner as any other
money judgment.
(g) As used in this section:
(1) "Legal assistance" means legal counsel and supportive services
including, but not limited to, medical and psychiatric examinations,
investigative services, expert testimony, or any other form of
services provided to assist the defendant in the preparation and
presentation of the defendant's case.
(2) "Ability to pay" means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of the legal
assistance provided to him or her, and shall include, but not be
limited to, all of the following:
(A) The defendant's present financial position.
(B) The defendant's reasonably discernible future financial
position. In no event shall the court consider a period of more than
six months from the date of the hearing for purposes of determining
the defendant's reasonably discernible future financial position.
Unless the court finds unusual circumstances, a defendant sentenced
to state prison shall be determined not to have a reasonably
discernible future financial ability to reimburse the costs of his or
her defense.
(C) The likelihood that the defendant shall be able to obtain
employment within a six-month period from the date of the hearing.
(D) Any other factor or factors which may bear upon the defendant'
s financial capability to reimburse the county for the costs of the
legal assistance provided to the defendant.
(h) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change in
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time it renders the judgment.
(i) This section shall apply to all proceedings, including
contempt proceedings, in which the party is represented by a public
defender or appointed counsel.



987.81. (a) In any case in which a defendant is provided legal
assistance, either through the public defender or private counsel
appointed by the court, upon conclusion of the criminal proceedings
in the trial court, or upon the withdrawal of the public defender or
appointed private counsel, the court shall consider the available
information concerning the defendant's ability to pay the costs of
legal assistance and may, after notice, as provided in subdivision
(b), hold a hearing to make a determination of the present ability of
the defendant to pay all or a portion of the cost thereof.
Notwithstanding the above, in any case where the court has ordered
the probation officer to investigate and report to the court pursuant
to subdivision (b) of Section 1203, the court may hold such a
hearing. The court may, in its discretion, hold one such additional
hearing within six months of the conclusion of the criminal
proceedings.
(b) Concurrent with the furnishing of counsel or legal assistance
by the court, the court shall order the defendant to appear before a
county officer designated by the court to make an inquiry into the
ability of the defendant to pay all or a portion of the legal
assistance provided. Prior to the furnishing of counsel or legal
assistance by the court, the court shall give notice to the defendant
that the court shall, after a hearing, make a determination of the
present ability of the defendant to pay all or a portion of the cost
of counsel. The court shall also give notice that, if the court
determines that the defendant has the present ability, the court
shall order him or her to pay all or a part of the cost. The notice
shall inform the defendant that the order shall have the same force
and effect as a judgment in a civil action and shall be subject to
enforcement against the property of the defendant in the same manner
as any other money judgment.
(c) The provisions of this section shall apply only in a county in
which the board of supervisors adopts a resolution which elects to
proceed under this section.


987.9. (a) In the trial of a capital case or a case under
subdivision (a) of Section 190.05, the indigent defendant, through
the defendant's counsel, may request the court for funds for the
specific payment of investigators, experts, and others for the
preparation or presentation of the defense. The application for funds
shall be by affidavit and shall specify that the funds are
reasonably necessary for the preparation or presentation of the
defense. The fact that an application has been made shall be
confidential and the contents of the application shall be
confidential. Upon receipt of an application, a judge of the court,
other than the trial judge presiding over the case in question, shall
rule on the reasonableness of the request and shall disburse an
appropriate amount of money to the defendant's attorney. The ruling
on the reasonableness of the request shall be made at an in camera
hearing. In making the ruling, the court shall be guided by the need
to provide a complete and full defense for the defendant.
(b) (1) The Controller shall not reimburse any county for costs
that exceed California Victim Compensation and Government Claims
Board standards for travel and per diem expenses. The Controller may
reimburse extraordinary costs in unusual cases if the county provides
sufficient documentation of the need for those expenditures.
(2) At the termination of the proceedings, the attorney shall
furnish to the court a complete accounting of all moneys received and
disbursed pursuant to this section.
(c) The Controller shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, controlling reimbursements under this
section. The regulations shall consider compensation for
investigators, expert witnesses, and other expenses that may or may
not be reimbursable pursuant to this section. Notwithstanding the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, the Controller shall
follow any regulations adopted until final approval by the Office of
Administrative Law.
(d) The confidentiality provided in this section shall not
preclude any court from providing the Attorney General with access to
documents protected by this section when the defendant raises an
issue on appeal or collateral review where the recorded portion of
the record, created pursuant to this section, relates to the issue
raised. When the defendant raises that issue, the funding records, or
relevant portions thereof, shall be provided to the Attorney General
at the Attorney General's request. In this case, the documents shall
remain under seal and their use shall be limited solely to the
pending proceeding.


988. The arraignment must be made by the court, or by the clerk or
prosecuting attorney under its direction, and consists in reading the
accusatory pleading to the defendant and delivering to the defendant
a true copy thereof, and of the endorsements thereon, if any,
including the list of witnesses, and asking the defendant whether
the defendant pleads guilty or not guilty to the accusatory pleading;
provided, that where the accusatory pleading is a complaint charging
a misdemeanor, a copy of the same need not be delivered to any
defendant unless requested by the defendant.



989. When the defendant is arraigned, he must be informed that if
the name by which he is prosecuted is not his true name, he must then
declare his true name, or be proceeded against by the name in the
accusatory pleading. If he gives no other name, the court may
proceed accordingly; but if he alleges that another name is his true
name, the court must direct an entry thereof in the minutes of the
arraignment, and the subsequent proceedings on the accusatory
pleading may be had against him by that name, referring also to the
name by which he was first charged therein.



990. If on the arraignment, the defendant requires it, the
defendant must be allowed a reasonable time to answer, which shall be
not less than one day in a felony case and not more than seven days
in a misdemeanor or infraction case.


991. (a) If the defendant is in custody at the time he appears
before the magistrate for arraignment and, if the public offense is a
misdemeanor to which the defendant has pleaded not guilty, the
magistrate, on motion of counsel for the defendant or the defendant,
shall determine whether there is probable cause to believe that a
public offense has been committed and that the defendant is guilty
thereof.
(b) The determination of probable cause shall be made immediately
unless the court grants a continuance for good cause not to exceed
three court days.
(c) In determining the existence of probable cause, the magistrate
shall consider any warrant of arrest with supporting affidavits, and
the sworn complaint together with any documents or reports
incorporated by reference thereto, which, if based on information and
belief, state the basis for such information, or any other documents
of similar reliability.
(d) If, after examining these documents, the court determines that
there exists probable cause to believe that the defendant has
committed the offense charged in the complaint, it shall set the
matter for trial.
If the court determines that no such probable cause exists, it
shall dismiss the complaint and discharge the defendant.
(e) Within 15 days of the dismissal of a complaint pursuant to
this section the prosecution may refile the complaint.
A second dismissal pursuant to this section is a bar to any other
prosecution for the same offense.



992. (a) In any case in which the defendant is charged with a
felony, the court, immediately following the arraignment in the
superior court, shall require the defendant to provide a right
thumbprint on a form developed for this purpose. This fingerprint
form shall include the name and superior court case number of the
defendant, the date, and the printed name, position, and badge or
serial number of the court bailiff who imprints the defendant's
thumbprint. In the event the defendant is physically unable to
provide a right thumbprint, the defendant shall provide a left
thumbprint. In the event the defendant is physically unable to
provide a left thumbprint, the court shall make a determination as to
how the defendant might otherwise provide a suitable identifying
characteristic to be imprinted on the judgment of conviction. The
clerk shall note on the fingerprint form which digit, if any, of the
defendant's was imprinted thereon. In the event that the defendant is
convicted, this fingerprint form shall be attached to the minute
order reflecting the defendant's sentence. The fingerprint form
shall be permanently maintained in the superior court file.
This thumbprint or fingerprint shall not be used to create a
database. The Judicial Council shall develop a form to implement
this section.
(b) In the event that a county implements a countywide policy in
which every felony defendant's photograph and fingerprints are
permanently maintained in the superior court file, the presiding
judge of that county may elect, after consultation with the district
attorney, to continue compliance with this section.
[/align]

[هيثم الفقى]

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995. (a) Subject to subdivision (b) of Section 995a, the indictment
or information shall be set aside by the court in which the
defendant is arraigned, upon his or her motion, in either of the
following cases:
(1) If it is an indictment:
(A) Where it is not found, endorsed, and presented as prescribed
in this code.
(B) That the defendant has been indicted without reasonable or
probable cause.
(2) If it is an information:
(A) That before the filing thereof the defendant had not been
legally committed by a magistrate.
(B) That the defendant had been committed without reasonable or
probable cause.
(b) In cases in which the procedure set out in subdivision (b) of
Section 995a is utilized, the court shall reserve a final ruling on
the motion until those procedures have been completed.



995a. (a) If the names of the witnesses examined before the grand
jury are not inserted at the foot of the indictment or indorsed
thereon, the court shall order them to be so inserted or indorsed;
and if the information be not subscribed by the district attorney,
the court may order it to be so subscribed.
(b) (1) Without setting aside the information, the court may, upon
motion of the prosecuting attorney, order further proceedings to
correct errors alleged by the defendant if the court finds that such
errors are minor errors of omission, ambiguity, or technical defect
which can be expeditiously cured or corrected without a rehearing of
a substantial portion of the evidence. The court may remand the
cause to the committing magistrate for further proceedings, or if the
parties and the court agree, the court may itself sit as a
magistrate and conduct further proceedings. When remanding the cause
to the committing magistrate, the court shall state in its remand
order which minor errors it finds could be expeditiously cured or
corrected.
(2) Any further proceedings conducted pursuant to this subdivision
may include the taking of testimony and shall be deemed to be a part
of the preliminary examination.
(3) The procedure specified in this subdivision may be utilized
only once for each information filed. Any further proceedings
conducted pursuant to this subdivision shall not be deemed to extend
the time within which a defendant must be brought to trial under
Section 1382.


996. If the motion to set aside the indictment or information is
not made, the defendant is precluded from afterwards taking the
objections mentioned in Section 995.



997. The motion must be heard at the time it is made, unless for
cause the court postpones the hearing to another time. The court may
entertain such motion prior to trial whether or not a plea has been
entered and such plea need not be set aside in order to consider the
motion. If the motion is denied, and the accused has not previously
answered the indictment or information, either by demurring or
pleading thereto, he shall immediately do so. If the motion is
granted, the court must order that the defendant, if in custody, be
discharged therefrom; or, if admitted to bail, that his bail be
exonerated; or, if he has deposited money, or if money has been
deposited by another or others instead of bail for his appearance,
that the same be refunded to him or to the person or persons found by
the court to have deposited said money on behalf of said defendant,
unless it directs that the case be resubmitted to the same or another
grand jury, or that an information be filed by the district
attorney; provided, that after such order of resubmission the
defendant may be examined before a magistrate, and discharged or
committed by him, as in other cases, if before indictment or
information filed he has not been examined and committed by a
magistrate.


998. If the court directs the case to be resubmitted, or an
information to be filed, the defendant, if already in custody, shall
remain, unless he or she is admitted to bail; or, if already admitted
to bail, or money has been deposited instead thereof, the bail or
money is answerable for the appearance of the defendant to answer a
new indictment or information; and, unless a new indictment is found
or information filed before the next grand jury of the county is
discharged, the court shall, on the discharge of such grand jury,
make the order prescribed by Section 997.



999. An order to set aside an indictment or information, as
provided in this chapter, is no bar to a future prosecution for the
same offense.


999a. A petition for a writ of prohibition, predicated upon the
ground that the indictment was found without reasonable or probable
cause or that the defendant had been committed on an information
without reasonable or probable cause, or that the court abused its
discretion in utilizing the procedure set out in subdivision (b) of
Section 995a, must be filed in the appellate court within 15 days
after a motion made under Section 995 to set aside the indictment on
the ground that the defendant has been indicted without reasonable or
probable cause or that the defendant had been committed on an
information without reasonable or probable cause, has been denied by
the trial court. A copy of such petition shall be served upon the
district attorney of the county in which the indictment is returned
or the information is filed. The alternative writ shall not issue
until five days after the service of notice upon the district
attorney and until he has had an opportunity to appear before the
appellate court and to indicate to the court the particulars in which
the evidence is sufficient to sustain the indictment or commitment.[/align]

[هيثم الفقى]

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999b. The Legislature hereby finds a substantial and
disproportionate amount of serious crime is committed against the
people of California by a relatively small number of multiple and
repeat felony offenders, commonly known as career criminals. In
enacting this chapter, the Legislature intends to support increased
efforts by district attorneys' offices to prosecute career criminals
through organizational and operational techniques that have been
proven effective in selected counties in this and other states.



999c. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the California Career Criminal Prosecution
Program. All funds appropriated to the agency or agencies designated
by the Director of Finance pursuant to Section 13820 for the
purposes of this chapter shall be administered and disbursed by the
executive director of that agency or agencies in consultation with
the California Council on Criminal Justice, and shall to the greatest
extent feasible be coordinated or consolidated with federal funds
that may be made available for these purposes.
(b) The executive director of that agency or agencies is
authorized to allocate and award funds to counties in which career
criminal prosecution units are established in substantial compliance
with the policies and criteria set forth below in Sections 999d,
999e, 999f, and 999g.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Career Criminal Prosecution Program, be made available to
support the prosecution of felony cases. Funds available under this
program shall not be subject to review as specified in Section 14780
of the Government Code.



999d. Career criminal prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 999e. Enhanced prosecution efforts and resources shall
include, but not be limited to:
(a) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance in a career
criminal case will perform all subsequent court appearances on that
particular case through its conclusion, including the sentencing
phase;
(b) Assignment of highly qualified investigators and prosecutors
to career criminal cases; and
(c) Significant reduction of caseloads for investigators and
prosecutors assigned to career criminal cases.



999e. (a) An individual who is under arrest for the commission or
attempted commission of one or more of the felonies listed in
paragraph (1) and who is either being prosecuted for three or more
separate offenses not arising out of the same transaction involving
one or more of those felonies, or has been convicted during the
preceding 10 years for any felony listed in paragraph (2) of this
subdivision, or at least two convictions during the preceding 10
years for any felony listed in paragraph (3) of this subdivision
shall be the subject of career criminal prosecution efforts.
(1) Murder, manslaughter, rape, ***ual assault, child molestation,
robbery, carjacking, burglary, arson, receiving stolen property,
grand theft, grand theft auto, lewd and lascivious conduct upon a
child, assault with a firearm, discharging a firearm into an
inhabited structure or vehicle, owning, possessing, or having custody
or control of a firearm, as specified in subdivision (a) or (b) of
Section 12021, or any unlawful act relating to controlled substances
in violation of Sections 11351, 11351.5, 11352, or 11378 of the
Health and Safety Code.
(2) Robbery of the first degree, carjacking, burglary of the first
degree, arson as defined in Section 451, unlawfully causing a fire
as defined in Section 452, forcible rape, sodomy or oral copulation
committed with force, lewd or lascivious conduct committed upon a
child, kidnapping as defined in Section 209 or 209.5, murder, or
manslaughter.
(3) Grand theft, grand theft auto, receiving stolen property,
robbery of the second degree, burglary of the second degree,
kidnapping as defined in Section 207, assault with a deadly weapon or
instrument, or any unlawful act relating to controlled substances in
violation of Section 11351 or 11352 of the Health and Safety Code.
For purposes of this chapter, the 10-year periods specified in
this section shall be exclusive of any time which the arrested person
has served in state prison.
(b) In applying the career criminal selection criteria set forth
above, a district attorney may elect to limit career criminal
prosecution efforts to persons arrested for any one or more of the
felonies listed in subdivision (a) of this section if crime
statistics demonstrate that the incidence of one or more of these
felonies presents a particularly serious problem in the county.
(c) In exercising the prosecutorial discretion granted by Section
999g, the district attorney shall consider the character, background,
and prior criminal background of the defendant, and the number and
the seriousness of the offenses currently charged against the
defendant.



999f. (a) Each district attorney's office establishing a career
criminal prosecution unit and receiving state support under this
chapter shall adopt and pursue the following policies for career
criminal cases:
(1) A plea of guilty or a trial conviction will be sought on all
the offenses charged in the accusatory pleading against an individual
meeting career criminal selection criteria.
(2) All reasonable prosecutorial efforts will be made to resist
the pretrial release of a charged defendant meeting career criminal
selection criteria.
(3) All reasonable prosecutorial efforts will be made to persuade
the court to impose the most severe authorized sentence upon a person
convicted after prosecution as a career criminal.
(4) All reasonable prosecutorial efforts will be made to reduce
the time between arrest and disposition of charge against an
individual meeting career criminal selection criteria.
(b) The prosecution shall not negotiate a plea agreement with a
defendant in a career criminal prosecution; and Sections 1192.1 to
1192.5, inclusive, shall not apply, nor shall any plea of guilty or
nolo contendere authorized by any such section, or any plea of guilty
or nolo contendere as a result of any plea agreement be approved by
the court in a career criminal prosecution.
(c) For purposes of this section a "plea agreement" means an
agreement by the defendant to plead guilty or nolo contendere in
exchange for any or all of the following: a dismissal of charges, a
reduction in the degree of a charge, a change of a charge to a lesser
or different crime, a specific manner or extent of punishment.
(d) This section does not prohibit the reduction of the offense
charged or dismissal of counts in the interest of justice when a
written declaration by the prosecuting attorney stating the specific
factual and legal basis for such reduction or dismissal is presented
to the court and the court, in writing, acknowledges acceptance of
such declaration. A copy of such declaration and acceptance shall be
retained in the case file. The only basis upon which charges may be
reduced or counts dismissed by the court shall be in cases where the
prosecuting attorney decides that there is insufficient evidence to
prove the people's case, the testimony of a material witness cannot
be obtained, or a reduction or dismissal would not result in a
substantial change in sentence.
In any case in which the court or magistrate grants the
prosecuting attorney's motion for a reduction of charges or dismissal
of counts because there would be no substantial change in sentence,
the court or magistrate shall require the prosecuting attorney to put
on the record in open court the following:
(1) The charges filed in the complaint or information and the
maximum statutory penalty that could be given if the defendant were
convicted of all such charges.
(2) The charges which would be filed against the defendant if the
court or magistrate grants the prosecuting attorney's motion and the
maximum statutory penalty which can be given for these charges.
(e) This section does not prohibit a plea agreement when there are
codefendants, and the prosecuting attorney determines that the
information or testimony of the defendant making the agreement is
necessary for the conviction of one or more of the other
codefendants. The court shall condition its acceptance of the plea
agreement on the defendant giving the information or testimony.
Before the court can accept the plea agreement, the prosecuting
attorney shall present a written declaration to the court, specifying
the legal and factual reasons for the agreement, and the court shall
acknowledge in writing its acceptance of that declaration. A copy
of the declaration and acceptance shall be retained in the case file.




999g. The selection criteria set forth in Section 999e shall be
adhered to for each career criminal case unless, in the reasonable
exercise of prosecutor's discretion, extraordinary circumstances
require the departure from such policies in order to promote the
general purposes and intent of this chapter.



999h. The characterization of a defendant as a "career criminal" as
defined by this chapter may not be communicated to the trier of
fact.[/align]

[هيثم الفقى]

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999i. The Legislature hereby finds that repeat ***ual offenders
present a clear and present danger to the mental and physical
well-being of the citizens of the State of California, especially of
its children. The Legislature further finds that the concept of
vertical prosecution, in which one deputy district attorney is
assigned to a case from its filing to its completion, is a proven way
of demonstrably increasing the likelihood of convicting repeat ***
offenders and ensuring appropriate sentences for such offenders. In
enacting this chapter, the Legislature intends to support increased
efforts by district attorneys' offices to prosecute repeat ***ual
offenders through organizational and operational techniques that have
already proven their effectiveness in selected counties in this and
other states, as demonstrated by the California Career Criminal
Prosecution Program and the California Gang Violence Suppression
Program, as well as ***ual assault prosecution units in several
counties.


999j. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the Repeat ***ual Offender Prosecution Program.
All funds appropriated to the agency or agencies designated by the
Director of Finance pursuant to Section 3820 for the purposes of this
chapter shall be administered and disbursed by the executive
director of that agency or agencies, and shall to the greatest extent
feasible, be coordinated or consolidated with any federal or local
funds that may be made available for these purposes.
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive
funding, as developed in consultation with an advisory group to be
known as the Repeat ***ual Offender Prosecution Program Steering
Committee. The membership of the Steering Committee shall be
designated by the Executive Director of the agency or agencies
designated by the Director of Finance pursuant to Section 13820.
A draft of the guidelines shall be developed and submitted to the
Chairpersons of the Assembly Criminal Law and Public Safety Committee
and the Senate Judiciary Committee within 60 days of the effective
date of this chapter and issued within 90 days of the same effective
date. These guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to offer grants pursuant to
statutory authority. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.
(b) The executive director is authorized to allocate and award
funds to counties in which repeat ***ual offender prosecution units
are established or are proposed to be established in substantial
compliance with the policies and criteria set forth below in Sections
999k, 999l, and 999m.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Repeat ***ual Offender Prosecution Program, be made
available to support the prosecution of repeat ***ual offender felony
cases. Local grant awards made under this program shall not be
subject to review as specified in Section 14780 of the Government
Code.



999k. Repeat ***ual offender prosecution units receiving funds
under this chapter shall concentrate enhanced prosecution efforts and
resources upon individuals identified under selection criteria set
forth in Section 999l. Enhanced prosecution efforts and resources
shall include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who makes the initial filing or appearance in a repeat ***ual
offender case will perform all subsequent court appearances on that
particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to repeat ***ual offender cases. "Highly qualified" for
the purposes of this chapter shall be defined as: (1) individuals
with one year of experience in the investigation and prosecution of
felonies or specifically the felonies listed in subdivision (a) of
Section 999l; or (2) individuals whom the district attorney has
selected to receive training as set forth in Section 13836; or (3)
individuals who have attended a program providing equivalent training
as approved by the agency or agencies designated by the Director of
Finance pursuant to Section 13820.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to repeat ***ual offender cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
Coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of local rape victim
counseling centers and victim witness assistance programs.




999l. (a) An individual shall be the subject of a repeat ***ual
offender prosecution effort who is under arrest for the commission or
attempted commission of one or more of the following offenses:
assault with intent to commit rape, sodomy, oral copulation or any
violation of Section 264.1, Section 288, or Section 289; rape, in
violation of Section 261; ***ual battery, in violation of Section
243.4; sodomy, in violation of Section 286; lewd acts on a child
under 14, in violation of Section 288; oral copulation, in violation
of Section 288a; ***ual penetration, in violation of Section 289; and
(1) who is being prosecuted for offenses involving two or more
separate victims, or (2) who is being prosecuted for the commission
or attempted commission of three or more separate offenses not
arising out of the same transaction involving one or more of the
above-listed offenses, or (3) who has suffered at least one
conviction during the preceding 10 years for any of the above-listed
offenses. For purposes of this chapter, the 10-year periods
specified in this section shall be exclusive of any time which the
arrested person has served in state prison or in a state hospital
pursuant to a commitment as a mentally disordered *** offender.
(b) In applying the repeat ***ual offender selection criteria set
forth above: (1) a district attorney may elect to limit repeat
***ual offender prosecution efforts to persons arrested for any one
or more of the offenses listed in subdivision (a) if crime statistics
demonstrate that the incidence of such one or more offenses presents
a particularly serious problem in the county; (2) a district
attorney shall not reject cases for filing exclusively on the basis
that there is a family or personal relationship between the victim
and the alleged offender.
(c) In exercising the prosecutorial discretion granted by Section
999n, the district attorney shall consider the following: (1) the
character, the background, and prior criminal background of the
defendant, and (2) the number and seriousness of the offenses
currently charged against the defendant.



999m. Each district attorney's office establishing a repeat ***ual
offender prosecution unit and receiving state support under this
chapter shall adopt and pursue the following policies for repeat
***ual offender cases:
(a) All reasonable prosecutorial efforts will be made to resist
the pretrial release of a charged defendant meeting repeat ***ual
offender selection criteria.
(b) All reasonable prosecutorial efforts will be made to persuade
the court to impose the most severe authorized sentence upon a person
convicted after prosecution as a repeat ***ual offender. In the
prosecution of an intrafamily ***ual abuse case, discretion may be
exercised as to the type and nature of sentence recommended to the
court.
(c) All reasonable prosecutorial efforts will be made to reduce
the time between arrest and disposition of charge against an
individual meeting repeat ***ual offender criteria.



999n. (a) The selection criteria set forth in Section 999l shall be
adhered to for each repeat ***ual offender case unless, in the
reasonable exercise of prosecutor's discretion, extraordinary
circumstances require departure from those policies in order to
promote the general purposes and intent of this chapter.
(b) Each district attorney's office establishing a repeat ***ual
offender prosecution unit and receiving state support under this
chapter shall submit the following information, on a quarterly basis,
to the agency or agencies designated by the Director of Finance
pursuant to Section 13820:
(1) The number of ***ual assault cases referred to the district
attorney's office for possible filing.
(2) The number of ***ual assault cases filed for felony
prosecution.
(3) The number of ***ual assault cases taken to trial.
(4) The percentage of ***ual assault cases tried which resulted in
conviction.


999o. The characterization of a defendant as a "repeat ***ual
offender" as defined by this chapter shall not be communicated to the
trier of fact.


999p. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is encouraged to utilize any federal funds
which may become available in order to implement the provisions of
this chapter.[/align]

[هيثم الفقى]

[align=left]


999q. The Legislature hereby finds that child abusers present a
clear and present danger to the mental health and physical well-being
of the citizens of the State of California, especially of its
children. The Legislature further finds that the concept of vertical
prosecution, in which a specially trained deputy district attorney
or prosecution unit is assigned to a case from its filing to its
completion, is a proven way of demonstrably increasing the likelihood
of convicting child abusers and ensuring appropriate sentences for
such offenders. In enacting this chapter, the Legislature intends to
support increased efforts by district attorneys' offices to
prosecute child abusers through organizational and operational
techniques that have already proven their effectiveness in selected
counties in this and other states, as demonstrated by the California
Career Criminal Prosecution Program, the California Gang Violence
Suppression Program, and the Repeat ***ual Offender Prosecution
Program.


999r. (a) There is hereby established in the agency or agencies
designated by the Director of Finance pursuant to Section 13820 a
program of financial and technical assistance for district attorneys'
offices, designated the Child Abuser Prosecution Program. All funds
appropriated to the agency or agencies designated by the Director of
Finance pursuant to Section 13820 for the purposes of this chapter
shall be administered and disbursed by the executive director of that
agency or agencies, and shall to the greatest extent feasible, be
coordinated or consolidated with any federal or local funds that may
be made available for these purposes.
The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall establish guidelines for the
provision of grant awards to proposed and existing programs prior to
the allocation of funds under this chapter. These guidelines shall
contain the criteria for the selection of agencies to receive funding
and the terms and conditions upon which the agency or agencies
designated by the Director of Finance pursuant to Section 13820 is
prepared to offer grants pursuant to statutory authority. The
guidelines shall not constitute rules, regulations, orders, or
standards of general application. The guidelines shall be submitted
to the appropriate policy committees of the Legislature prior to
their adoption.
(b) The executive director is authorized to allocate and award
funds to counties in which child abuser offender prosecution units
are established or are proposed to be established in substantial
compliance with the policies and criteria set forth below in Sections
999s, 999t, and 999u.
(c) The allocation and award of funds shall be made upon
application executed by the county's district attorney and approved
by its board of supervisors. Funds disbursed under this chapter
shall not supplant local funds that would, in the absence of the
California Child Abuser Prosecution Program, be made available to
support the prosecution of child abuser felony cases. Local grant
awards made under this program shall not be subject to review as
specified in Section 14780 of the Government Code.



999s. Child abuser prosecution units receiving funds under this
chapter shall concentrate enhanced prosecution efforts and resources
upon individuals identified under selection criteria set forth in
Section 999t. Enhanced prosecution efforts and resources shall
include, but not be limited to:
(a) Vertical prosecutorial representation, whereby the prosecutor
who, or prosecution unit which, makes the initial filing or
appearance in a case performs all subsequent court appearances on
that particular case through its conclusion, including the sentencing
phase.
(b) The assignment of highly qualified investigators and
prosecutors to child abuser cases. "Highly qualified" for the
purposes of this chapter means: (1) individuals with one year of
experience in the investigation and prosecution of felonies or
specifically the felonies listed in subdivision (a) of Section 999l
or 999t; or (2) individuals whom the district attorney has selected
to receive training as set forth in Section 13836; or (3) individuals
who have attended a program providing equivalent training as
approved by the agency or agencies designated by the Director of
Finance pursuant to Section 13820.
(c) A significant reduction of caseloads for investigators and
prosecutors assigned to child abuser cases.
(d) Coordination with local rape victim counseling centers, child
abuse services programs, and victim witness assistance programs.
That coordination shall include, but not be limited to: referrals of
individuals to receive client services; participation in local
training programs; membership and participation in local task forces
established to improve communication between criminal justice system
agencies and community service agencies; and cooperating with
individuals serving as liaison representatives of child abuse and
child ***ual abuse programs, local rape victim counseling centers and
victim witness assistance programs.



999t. (a) An individual may be the subject of a child abuser
prosecution effort who is under arrest for the ***ual assault of a
child, as defined in Section 11165, or a violation of subdivision (a)
or (b) of Section 273a, or a violation of Section 273ab, or 273d, or
a violation of Section 288.2 when committed in conjunction with any
other violation listed in this subdivision.
(b) In applying the child abuser selection criteria set forth
above: (1) a district attorney may elect to limit child abuser
prosecution efforts to persons arrested for any one or more of the
offenses described in subdivision (a) if crime statistics demonstrate
that the incidence of such one or more offenses presents a
particularly serious problem in the county; (2) a district attorney
shall not reject cases for filing exclusively on the basis that there
is a family or personal relationship between the victim and the
alleged offender.
(c) In exercising the prosecutorial discretion granted by Section
999v, the district attorney shall consider the character, the
background, and the prior criminal background of the defendant.




999u. Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
adopt and pursue the following policies for child abuser cases:
(a) Except as provided in subdivision (b), all reasonable
prosecutorial efforts will be made to resist the pretrial release of
a charged defendant meeting child abuser selection criteria.
(b) Nothing in this chapter shall be construed to limit the
application of diversion programs authorized by law. All reasonable
efforts shall be made to utilize diversion alternatives in
appropriate cases.
(c) All reasonable prosecutorial efforts will be made to reduce
the time between arrest and disposition of charge against an
individual meeting child abuser criteria.



999v. (a) The selection criteria set forth in Section 999t shall be
adhered to for each child abuser case unless, in the reasonable
exercise of prosecutor's discretion, extraordinary circumstances
require departure from those policies in order to promote the general
purposes and intent of this chapter.
(b) Each district attorney's office establishing a child abuser
prosecution unit and receiving state support under this chapter shall
submit the following information, on a quarterly basis, to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820:
(1) The number of child abuser cases referred to the district
attorney's office for possible filing.
(2) The number of child abuser cases filed for felony prosecution.

(3) The number of ***ual assault cases taken to trial.
(4) The number of child abuser cases tried which resulted in
conviction.



999w. The characterization of a defendant as a "child abuser" as
defined by this chapter shall not be communicated to the trier of
fact.


999x. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 is encouraged to utilize any federal funds
which may become available in order to implement the provisions of
this chapter.


999y. The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall report annually to the Legislature
concerning the program established by this chapter. The agency or
agencies designated by the Director of Finance pursuant to Section
13820 shall prepare and submit to the Legislature on or before
December 15, 2002, and within six months of the completion of
subsequent funding cycles for this program, an evaluation of the
Child Abuser Prosecution Program. This evaluation shall identify
outcome measures to determine the effectiveness of the programs
established under this chapter, which shall include, but not be
limited to, both of the following, to the extent that data is
available:
(a) Child abuse conviction rates of Child Abuser Prosecution
Program units compared to those of nonfunded counties.
(b) Quantification of the annual per capita costs of the Child
Abuser Prosecution Program compared to the costs of prosecuting child
abuse crimes in nonfunded counties.

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[align=left]
SPECIAL PROCEEDINGS IN NARCOTICS AND DRUG
ABUSE CASES

1000. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code,
or subdivision (b) of Section 23222 of the Vehicle Code, or Section
11358 of the Health and Safety Code if the marijuana planted,
cultivated, harvested, dried, or processed is for personal use, or
Section 11368 of the Health and Safety Code if the narcotic drug was
secured by a fictitious prescription and is for the personal use of
the defendant and was not sold or furnished to another, or
subdivision (d) of Section 653f if the solicitation was for acts
directed to personal use only, or Section 381 or subdivision (f) of
Section 647 of the Penal Code, if for being under the influence of a
controlled substance, or Section 4060 of the Business and Professions
Code, and it appears to the prosecuting attorney that, except as
provided in subdivision (b) of Section 11357 of the Health and Safety
Code, all of the following apply to the defendant:
(1) The defendant has no conviction for any offense involving
controlled substances prior to the alleged commission of the charged
offense.
(2) The offense charged did not involve a crime of violence or
threatened violence.
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections
listed in this subdivision.
(4) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years
prior to the alleged commission of the charged offense.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply to the defendant. Upon the agreement of the
prosecuting attorney, law enforcement, the public defender, and the
presiding judge of the criminal division of the superior court, or a
judge designated by the presiding judge, this procedure shall be
completed as soon as possible after the initial filing of the
charges. If the defendant is found eligible, the prosecuting
attorney shall file with the court a declaration in writing or state
for the record the grounds upon which the determination is based, and
shall make this information available to the defendant and his or
her attorney. This procedure is intended to allow the court to set
the hearing for deferred entry of judgment at the arraignment. If
the defendant is found ineligible for deferred entry of judgment, the
prosecuting attorney shall file with the court a declaration in
writing or state for the record the grounds upon which the
determination is based, and shall make this information available to
the defendant and his or her attorney. The sole remedy of a
defendant who is found ineligible for deferred entry of judgment is a
postconviction appeal.
(c) All referrals for deferred entry of judgment granted by the
court pursuant to this chapter shall be made only to programs that
have been certified by the county drug program administrator pursuant
to Chapter 1.5 (commencing with Section 1211) of Title 8, or to
programs that provide services at no cost to the participant and have
been deemed by the court and the county drug program administrator
to be credible and effective. The defendant may request to be
referred to a program in any county, as long as that program meets
the criteria set forth in this subdivision.
(d) Deferred entry of judgment for a violation of Section 11368 of
the Health and Safety Code shall not prohibit any administrative
agency from taking disciplinary action against a licensee or from
denying a license. Nothing in this subdivision shall be construed to
expand or restrict the provisions of Section 1000.4.
(e) Any defendant who is participating in a program referred to in
this section may be required to undergo analysis of his or her urine
for the purpose of testing for the presence of any drug as part of
the program. However, urine analysis results shall not be admissible
as a basis for any new criminal prosecution or proceeding.




1000.1. (a) If the prosecuting attorney determines that this
chapter may be applicable to the defendant, he or she shall advise
the defendant and his or her attorney in writing of that
determination. This notification shall include the following:
(1) A full description of the procedures for deferred entry of
judgment.
(2) A general explanation of the roles and authorities of the
probation department, the prosecuting attorney, the program, and the
court in the process.
(3) A clear statement that in lieu of trial, the court may grant
deferred entry of judgment with respect to any crime specified in
subdivision (a) of Section 1000 that is charged, provided that the
defendant pleads guilty to each such charge and waives time for the
pronouncement of judgment, and that upon the defendant's successful
completion of a program, as specified in subdivision (c) of Section
1000, the positive recommendation of the program authority and the
motion of the prosecuting attorney, the court, or the probation
department, but no sooner than 18 months and no later than three
years from the date of the defendant's referral to the program, the
court shall dismiss the charge or charges against the defendant.
(4) A clear statement that upon any failure of treatment or
condition under the program, or any circumstance specified in Section
1000.3, the prosecuting attorney or the probation department or the
court on its own may make a motion to the court for entry of judgment
and the court shall render a finding of guilt to the charge or
charges pled, enter judgment, and schedule a sentencing hearing as
otherwise provided in this code.
(5) An explanation of criminal record retention and disposition
resulting from participation in the deferred entry of judgment
program and the defendant's rights relative to answering questions
about his or her arrest and deferred entry of judgment following
successful completion of the program.
(b) If the defendant consents and waives his or her right to a
speedy trial or a speedy preliminary hearing, the court may refer the
case to the probation department or the court may summarily grant
deferred entry of judgment if the defendant pleads guilty to the
charge or charges and waives time for the pronouncement of judgment.
When directed by the court, the probation department shall make an
investigation and take into consideration the defendant's age,
employment and service records, educational background, community and
family ties, prior controlled substance use, treatment history, if
any, demonstrable motivation, and other mitigating factors in
determining whether the defendant is a person who would be benefited
by education, treatment, or rehabilitation. The probation department
shall also determine which programs the defendant would benefit from
and which programs would accept the defendant. The probation
department shall report its findings and recommendations to the
court. The court shall make the final determination regarding
education, treatment, or rehabilitation for the defendant. If the
court determines that it is appropriate, the court shall grant
deferred entry of judgment if the defendant pleads guilty to the
charge or charges and waives time for the pronouncement of judgment.

(c) No statement, or any information procured therefrom, made by
the defendant to any probation officer or drug treatment worker, that
is made during the course of any investigation conducted by the
probation department or treatment program 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, that is
made to any probation officer or drug program worker subsequent to
the granting of deferred entry of judgment, shall be admissible in
any action or proceeding, including a sentencing hearing.
(d) A defendant's plea of guilty pursuant to this chapter shall
not constitute a conviction for any purpose unless a judgment of
guilty is entered pursuant to Section 1000.3.



1000.2. The court shall hold a hearing and, after consideration of
any information relevant to its decision, shall determine if the
defendant consents to further proceedings under this chapter and if
the defendant should be granted deferred entry of judgment. If the
court does not deem the defendant a person who would be benefited by
deferred entry of judgment, or if the defendant does not consent to
participate, the proceedings shall continue as in any other case.
At the time that deferred entry of judgment is granted, 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 deferred entry of judgment is granted
shall be for no less than 18 months nor longer than three years.
Progress reports shall be filed by the probation department with the
court as directed by the court.



1000.3. If it appears to the prosecuting attorney, the court, or
the probation department that the defendant is performing
unsatisfactorily in the assigned program, or that the defendant is
not benefiting from education, treatment, or rehabilitation, or that
the defendant is convicted of a misdemeanor that reflects the
defendant's propensity for violence, or the defendant is convicted of
a felony, or the defendant has engaged in criminal conduct rendering
him or her unsuitable for deferred entry of judgment, the
prosecuting attorney, the court on its own, or the probation
department may make a motion for entry of judgment.
After notice to the defendant, the court shall hold a hearing to
determine whether judgment should be entered.
If the court finds that the defendant is not performing
satisfactorily in the assigned program, or that the defendant is not
benefiting from education, treatment, or rehabilitation, or the court
finds that the defendant has been convicted of a crime as indicated
above, or that the defendant has engaged in criminal conduct
rendering him or her unsuitable for deferred entry of judgment, the
court shall render a finding of guilt to the charge or charges pled,
enter judgment, and schedule a sentencing hearing as otherwise
provided in this code.
If the defendant has performed satisfactorily during the period in
which deferred entry of judgment was granted, at the end of that
period, the criminal charge or charges shall be dismissed.
Prior to dismissing the charge or charges or rendering a finding
of guilt and entering judgment, the court shall consider the
defendant's ability to pay and whether the defendant has paid a
diversion restitution fee pursuant to Section 1001.90, if ordered,
and has met his or her financial obligation to the program, if any.
As provided in Section 1203.1b, the defendant shall reimburse the
probation department for the reasonable cost of any program
investigation or progress report filed with the court as directed
pursuant to Sections 1000.1 and 1000.2.



1000.4. (a) Any record filed with the Department of Justice shall
indicate the disposition in those cases deferred pursuant to this
chapter. Upon successful completion of a deferred entry of judgment
program, the arrest upon which the judgment was deferred shall be
deemed to have never occurred. The defendant may indicate in
response to any question concerning his or her prior criminal record
that he or she was not arrested or granted deferred entry of judgment
for the offense, except as specified in subdivision (b). A record
pertaining to an arrest resulting in successful completion of a
deferred entry of judgment program shall not, without the defendant'
s consent, be used in any way that could result in the denial of any
employment, benefit, license, or certificate.
(b) The defendant shall be advised that, regardless of his or her
successful completion of the deferred entry of judgment program, the
arrest upon which the judgment was deferred 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.


1000.5. (a) The presiding judge of the superior court, or a judge
designated by the presiding judge, together with the district
attorney and the public defender, may agree in writing to establish
and conduct a preguilty plea drug court program pursuant to the
provisions of this chapter, wherein criminal proceedings are
suspended without a plea of guilty for designated defendants. The
drug court program shall include a regimen of graduated sanctions and
rewards, individual and group therapy, urine analysis testing
commensurate with treatment needs, close court monitoring and
supervision of progress, educational or vocational counseling as
appropriate, and other requirements as agreed to by the presiding
judge or his or her designee, the district attorney, and the public
defender. If there is no agreement in writing for a preguilty plea
program by the presiding judge or his or her designee, the district
attorney, and the public defender, the program shall be operated as a
deferred entry of judgment program as provided in this chapter.
(b) The provisions of Section 1000.3 and Section 1000.4 regarding
satisfactory and unsatisfactory performance in a program shall apply
to preguilty plea programs. If the court finds that (1) the
defendant is not performing satisfactorily in the assigned program,
(2) the defendant is not benefiting from education, treatment, or
rehabilitation, (3) the defendant has been convicted of a crime
specified in Section 1000.3, or (4) the defendant has engaged in
criminal conduct rendering him or her unsuitable for the preguilty
plea program, the court shall reinstate the criminal charge or
charges. If the defendant has performed satisfactorily during the
period of the preguilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed and the provisions of
Section 1000.4 shall apply.



1000.8. (a) Where a person is participating in a deferred entry of
judgment program or a preguilty plea program pursuant to this
chapter, the person may also participate in a licensed methadone or
levoalphacetylmethadol (LAAM) program if the following conditions are
met:
(1) The sheriff allows a methadone program to operate in the
county jail.
(2) The participant allows release of his or her medical records
to the court presiding over the participant's preguilty or deferred
entry program for the limited purpose of determining whether or not
the participant is duly enrolled in the licensed methadone or LAAM
program and is in compliance with deferred entry or preguilty plea
program rules.
(b) If the conditions specified in paragraphs (1) and (2) of
subdivision (a) are met, participation in a methadone or LAAM
treatment program shall not be the sole reason for exclusion from a
deferred entry or preguilty plea program. A methadone or LAAM
patient who participates in a preguilty or deferred entry program
shall comply with all court program rules.
(c) A person who is participating in a deferred entry of judgment
program or preguilty plea program pursuant to this chapter who
participates in a licensed methadone or LAAM program shall present to
the court a declaration from the director of the methadone or LAAM
program, or the director's authorized representative, that the person
is currently enrolled and in good standing in the program.
(d) Urinalysis results that only establish that a person described
in this section has ingested or taken the methadone administered or
prescribed by a licensed methadone or LAAM program shall not be
considered a violation of the terms of the deferred entry of judgment
or preguilty plea program under this chapter.
(e) Except as provided in subdivisions (a) to (d), inclusive, this
section shall not be interpreted to amend any provisions governing
deferred entry and diversion programs.
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[هيثم الفقى]

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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]