§ 1001.20. — 1001.20. (Repealed (in Sec. 14) and added by Stats. 2020, Ch. 11, Sec. 15.)

California § 1001.20.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 6.
• Part 2.: TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL
• Ch. 2.8.: CHAPTER 2.8. Diversion of Defendants With Cognitive Developmental Disabilities

Text

(a)
“Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services under the Lanterman Developmental Disabilities Services Act.
(b)
“Diversion-related treatment and habilitation” means, but is not limited to, specialized services or special adaptations of generic services, directed toward the alleviation of developmental disability or toward social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability, and includes, but is not limited to, diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, physical,
occupational, and speech therapy, training, education, sheltered employment, mental health services, recreation, counseling of the individual with this disability and of the individual’s family, protective and other social and sociolegal services, information and referral services, follow-along services, and transportation services necessary to ensure delivery of services to persons with developmental disabilities.
(c)
“Regional center” means a regional center for the developmentally disabled established under the Lanterman Developmental Disabilities Services Act that is organized as a private nonprofit community agency to plan, purchase, and coordinate the delivery of services that cannot be provided by state agencies to developmentally disabled persons residing in a particular geographic catchment area, and that is licensed and funded by the State Department of Developmental Services.
(d)
“Director of a regional center” means the executive director of a regional center for the developmentally disabled individual or their designee.
(e)
“Agency” means the prosecutor, the probation department, and the regional center involved in a particular defendant’s case.
(f)
“Dual agency diversion” means a treatment and habilitation program developed with court approval by the regional center, administered jointly by the regional center and by the probation department, that is individually tailored to the needs of the defendant as derived from the defendant’s individual program plan pursuant to Section 4646 of the Welfare and Institutions Code, and that includes, but is not limited to, treatment specifically addressed to the criminal offense charged, for a specified period of time as prescribed in Section 1001.28.
(g)
“Single agency diversion” means a treatment and habilitation program developed with court approval by the regional center, administered solely by the regional center without involvement by the probation department, that is individually tailored to the needs of the defendant as derived from the defendant’s individual program plan pursuant to Section 4646 of the Welfare and Institutions Code, and that includes, but is not limited to, treatment specifically addressed to the criminal offense charged, for a specified period of time as prescribed in Section 1001.28.
(h)
This section is operative January 1, 2021.

Legislative History

Repealed (in Sec. 14) and added by Stats. 2020, Ch. 11, Sec. 15. (AB 79) Effective June 29, 2020. Operative January 1, 2021, by its own provisions.