Order For Military Diversion {CR-91}

CR-91 Form CR-91 Adopted for Mandatory Use Penal Code 247 1001.80 [Rev. January 1, 2018] SUPERIOR COURT OF CALIFORNIA, COUNTY OF NAPA FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA v. DEFENDANT: CASE NUMBER: PID & EVENT NUMBER: ORDER FOR MILITARY DIVERSION The Court finds that Defendant is a person as described in Penal Code section 1001.80(a), in that Defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service. THE COURT ORDERS THE FOLLOWING TERMS OF DIVERSION: 267 Defendant shall be referred to a treatment program that has a history of successfully treating veterans who suffer from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service, including, but not limited to, programs operated by the United States Department of Defense or the United States Department of Veterans Affairs. 267 Defendant shall pay a $100.00 Diversion Fee. 267 Defendant shall attend and complete treatment through the following agency: 267 The length of Military Diversion pursuant to Penal Code section 1001.80 shall be no less than six (6) months or no more than two (2) years. 267 Defendant shall appear for Military Diversion review at am/pm in Dept. on the following dates: 6 Month Review: 1 Year Review: 18 Month Review: 2 Year Review: 267 Successful completion of Military Diversion will result in dismissal of the following criminal charges: 267 Other Terms and Conditions of Military Diversion: 267 Prior to the above scheduled review hearings if it appears from a progress report that Defendant is not meeting the terms and conditions of Military Diversion after notice to Defendant, the Court shall hold a hearing to determine whether the criminal proceedings should be reinstituted. If the Court finds that Defendant is not performing satisfactorily in the assigned program, or that Defendant is not benefiting from Military Diversion, the Court may end diversion and order resumption of the criminal proceedings. 267 The designated treatment program must provide a written progress report to the Court at least days prior to the scheduled review hearing date. 267 Any bail, bond or undertaking deposited on behalf of Defendant in this case is hereby ordered exonerated and Defendant shall be placed on a Court Own Recognizance Agreement as executed this date. Defendant understands and agrees to the terms and conditions of Military Diversion as contained herein and as explained this date in open Court. Date Defendants Signature JUDGES SIGNATURE Counsel having submitted this matter to the Court and Defendant having reviewed the requirements of this program, the Court with the consent of Defendant and a waiver of Defendants speedy trial right, orders Defendant shall be placed on Military Diversion pursuant to Penal Code section 1001.80, et seq. Date Judge COPY TO: DEF DA DEF ATTY Office of Veteran Affairs American LegalNet, Inc. www.FormsWorkFlow.com