Request For Military Diversion-Advisal And Waiver Of Rights {RI-CR052}

SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE BANNING 311 E. Ramsey St., Banning, CA 92220 BLYTHE 265 N. Broadway, Blythe, CA 92225 INDIO 46-200 Oasis St., Indio, CA 92201 MURRIETA 30755-D Auld Rd., Suite 1226, Murrieta, CA 92563 RIVERSIDE 4100 Main St., Riverside, CA 92501 RI-CR052 FOR COURT USE ONLY PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: CASE NUMBER: Hearing Date: Time: Department: REQUEST FOR MILITARY DIVERSION; ADVISAL AND WAIVER OF RIGHTS Defendant: Initial each statement below. 1. I am the defendant in the above-captioned case, which charges the following misdemeanor violation(s) for which I am requesting Military Diversion (Pen. Code § 1001.80): . I have been advised of, understand, and waive my right to a speedy trial in this case. I understand that to be granted Military Diversion, I am required to provide an assessment or other evidence confirming I am a current or former member of the military and may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problem, as a result of my military service. I understand I am also required to provide a recommended treatment plan for my sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problem. I understand that the Military Diversion program, if granted, will be no longer than two years and will include a court-ordered treatment program. I understand that if accepted into the Military Diversion program, failure to comply with the terms of the diversion program may result in reinstatement of criminal proceedings. I understand that if I am arrested or charged with a new criminal offense while participating in the Military Diversion program, criminal proceedings in this case may be reinstated and I may be found no longer eligible for Military Diversion. I understand that if I perform satisfactorily during the period of Military Diversion, the court will dismiss the criminal charges. I understand that, upon successful completion of the Military Diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred, except as stated in statement 8, below. I have been advised and understand that, regardless of my successful completion of Military Diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to a peace officer application request, and that I am still obligated to disclose the arrest in response to a direct question contained in a questionnaire or application for a position as a peace officer, as defined in Pen. Code § 830. 2. 3. 4. 5. 6. 7. 8. Page 1 of 2 Adopted for Mandatory Use Riverside Superior Court RI-CR052 [Rev. 11/24/15] REQUEST FOR MILITARY DIVERSION; ADVISAL AND WAIVER OF RIGHTS Pen. Code § 1001.80 riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com DEFENDANT: CASE NUMBER: I declare under penalty of perjury the laws of the State of California that I have read and understand each of the foregoing eight statements, and by initiating each statement I agree to their contents. (DATE) (TYPE OR PRINT NAME) (SIGNATURE OF DEFENDANT) Page 2 of 2 Adopted for Mandatory Use Riverside Superior Court RI-CR052 [Rev. 11/24/15] REQUEST FOR MILITARY DIVERSION; ADVISAL AND WAIVER OF RIGHTS Pen. Code § 1001.80 riverside.courts.ca.gov/localfrms/localfrms.shtml American LegalNet, Inc. www.FormsWorkFlow.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE STANDARD 11 ­ MILITARY DIVERSION STANDARD 1101. DEFINED Military Diversion was established by California Penal Code Section 1001.80. This Section authorizes the Court, with consent of the participant and a waiver of his or her right to a speedy trial, to postpone criminal proceedings and place the veteran in a pretrial diversion program for the purpose of providing treatment. This Standard outlines best practices for the implementation of Military Diversion and does not represent strict rules or guidance. STANDARD 1102. IDENTIFICATION AND SCREENING Pursuant to California Penal Code Section 1001.80(a), potential candidates for Military Diversion must be charged with a misdemeanor offense and must meet the following requirements, as determined by the Court: 1. Be a current or former member of the United States Military. 2. May be suffering from Military Sexual Trauma (MST), Traumatic Brain Injury (TBI), Post-Traumatic Stress Disorder (PTSD), Substance Abuse or Mental Health problems as a result of his or her military services. The Defendant initiates the process by completing Form RI-CR052, Request for Military Diversion. Once completed, the Court will schedule a hearing within two weeks for determination of whether the Defendant shall be placed on Diversion. The burden shall be on the veteran to prove he or she meets the criteria of Penal Code Section 1001.80. The Defendant may submit matters documenting the existence of a service connected disability, military service or any other materials in support of a grant of Military Diversion. The Court may request an assessment by the Riverside County Department of Mental Health to aid in the determination of whether a defendant suffers from a MST, TBI, PTSD, Substance Abuse or Mental Health problems as a result of his or her military services. The Defendant is required to provide proof to the Court of current or former military service. STANDARD 1103. EXCLUSIONARY CRITERIA Individuals with a prior conviction for the same or similar conduct are better served by a post-conviction referral to Veteran's Treatment Court as opposed to a grant of military diversion and generally should not be placed on Military Diversion. Military Diversion should only be granted on a one time basis. If the Defendant has previously been admitted to any Military Diversion or Veterans Court treatment program in California, he or she should not be placed on military diversion. STANDARD 1104. ACCEPTANCE AND PROGRAM LENGTH If the Court admits the Defendant into Military Diversion, he or she shall waive the right to a speedy trial for two years for the purpose of completing a pretrial diversion program. The veteran shall participate and complete a Military Diversion Program of at least one year. Pursuant to California Penal Code Section 1001.80(h), said diversion program shall be no longer than 2 years. STANDARD 1105. TREATMENT Upon granting Military Diversion, the Court shall refer the veteran to t