BILL NUMBER: SB 1574	CHAPTERED  06/26/00

	CHAPTER   42
	FILED WITH SECRETARY OF STATE   JUNE 26, 2000
	APPROVED BY GOVERNOR   JUNE 26, 2000
	PASSED THE ASSEMBLY   JUNE 12, 2000
	PASSED THE SENATE   APRIL 3, 2000
	AMENDED IN SENATE   MARCH 22, 2000

INTRODUCED BY   Senator Alarcon

                        FEBRUARY 18, 2000

   An act to amend Section 1000.3 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1574, Alarcon.  Criminal procedure:  deferred entry of
judgment: reimbursement of costs.
   Existing law provides procedures, as specified, for defendants who
are dismissed from deferred entry of judgment programs.  Existing
law also requires that the court, prior to dismissing the charge or
charges, consider the defendant's ability to pay and whether the
defendant has paid a diversion restitution fee, has paid an
administration fee to the probation department, and has met his or
her financial obligation to the program.
   This bill would require that the court, prior to rendering a
finding of guilt and entering judgment, consider the defendant's
ability to pay a diversion restitution fee and whether the defendant
has met his or her financial obligation to the program.  This bill
would eliminate the requirement that the court consider whether the
defendant has paid an administration fee to the probation department.
  This bill would also require the defendant to reimburse the
probation department for the reasonable cost of any program
investigation or progress report filed with the court, as specified.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1000.3 of the Penal Code is amended to read:
   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.