California Penal Code

§ 1001.81

PEN § 1001.81 Effective Jan 1, 2024Title 6 · Part 2 · Ch. 2.9D

Statute text

(a)The city or county prosecuting attorney or county probation department may create a diversion or deferred entry of judgment program pursuant to this section for persons who commit a theft offense or repeat theft offenses. The program may be conducted by the prosecuting attorney’s office or the county probation department.

(b)Except as provided in subdivision (e), this chapter does not limit the power of the prosecuting attorney to prosecute theft or repeat theft.

(c)If a county creates a diversion or deferred entry of judgment program for individuals committing a theft offense or repeat theft offenses, on receipt of a case or at arraignment, the prosecuting attorney shall either refer the case to the county probation department to conduct a prefiling investigation report to assess the appropriateness of program placement or, if the prosecuting attorney’s office operates the program, determine if the case is one that is appropriate to be referred to the program. In determining whether to refer a case to the program, the probation department or prosecuting attorney shall consider, but is not limited to, all of the following factors:

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Legislative history

Amended by Stats. 2023, Ch. 131, Sec. 154. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2031, pursuant to Section 1001.82.