(a) The presiding judge of the superior court, or a judge designated by the presiding judge, in consultation with the presiding juvenile court judge and criminal court judges, and together with the prosecuting entity and the public defender or the contracted criminal defense office that provides the services of a public defender, may agree in writing to establish and conduct a pretrial diversion program for primary caregivers, pursuant to the provisions of this chapter, wherein criminal proceedings are suspended without a plea of guilty for a period of not less than 6 months and not more than 24 months. If the defendant is also participating in juvenile court proceedings, the juvenile and criminal courts shall not duplicate efforts. (b) The program described in this section may include, but not be limited to, all of the following components: (1) Parenting classes. (2) Family and individual counseling. (3) Mental health screening, education, and treatment. (4) Family case management services. (5) Drug and alcohol treatment. (6) Domestic violence education and prevention. (7) Physical and sexual abuse counseling. (8) Anger management. (9) Vocational and educational services. (10) Job training and placement. (11) Affordable and safe housing assistance. (12) Financial literacy courses. (c) The defendant may be referred to supportive services and classes in already existing diversion programs and county outpatient services. Before approving a proposed treatment program, the court shall consider the request of the defense, the request of the prosecution, the needs of the defendant and the dependent child or children, and the interests of the community. The programming may be procured using public or private funds. A referral may be made to a county agency, existing collaborative court, or assisted outpatient treatment or services, if the entity agrees to provide the required programming. (d) On an accusatory pleading alleging the commission of a misdemeanor or felony offense, the court may, after considering the positions of the defense and prosecution, grant pretrial diversion to a defendant pursuant to this section if the defendant meets all of the following requirements: (1) The defendant is a custodial parent or legal guardian of a minor child under 18 years of age, presently resides in the same household as that child, presently provides care or financial support for that minor child either alone or with the assistance of other household members, and the defendantâs absence in the childâs life would be detrimental to the child. (2) The defendant has been advised of and waived the right to a speedy trial and a speedy preliminary hearing. (3) The defendant has been informed of and agrees to comply with the requirements of the program. (4) The court is satisfied that the defendant will not pose an unreasonable risk of danger to public safety, as defined in Section 1170.18, or to the minor child in their custody, if allowed to remain in the community. The court may consider the positions of the prosecuting entity and defense counsel, the defendantâs violence and criminal history, the recency of the defendantâs criminal history, the defendantâs history of behavior towards minors, the risk of the dependent minorâs exposure to or involvement in criminal activity, the current charged offense, child welfare history involving the defendant, and any other factors that the court deems appropriate. (5) The defendant is not being placed into a diversion program, pursuant to this section, for any serious felony as described in Section 1192.7 or 1192.8 or violent felony as described in subdivision (c) of Section 667.5. (6) The defendant is not being placed into a diversion program pursuant to this section for a crime alleged to have been committed against a person for whom the defendant is the primary caregiver. (e) The provider of the pretrial diversion services in which the defendant has been placed shall provide regular reports
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