PROGRESS REPORTS AND APPEARANCES 1 Sample Clauses

PROGRESS REPORTS AND APPEARANCES 1. The Court, in its discretion, may order a participant to appear at any scheduled progress report. 2. Defense counsel shall ensure the treatment provider submits a copy of the progress report to the Court and prosecutor prior to the hearing. (*Documents are due no later than the Thursday before the scheduled Monday hearing.) 3. At the hearing, the Court shall review the progress report for compliance: (a) IF the participant is making progress, set another progress report date (30 to 90 days); (b) IF the participant is not making progress, the Court may: ▪ give defendant additional time to comply and continue progress hearing to another date; ▪ indicate an intention to terminate defendant from the program and continue criminal proceedings. If requested, the Court may consider scheduling a noticed hearing to hear further evidence on why MHD should be terminated and criminal proceedings resumed; ▪ recommend defendant apply for an alternative specialty court (i.e., Behavioral Health Court or Veteran’s Court); ▪ refer the participant for conservatorship proceedings (pursuant to Welfare and Institution Code section 5350 et seq.); ▪ at any time, prosecution, defense or the clinical provider may provide information to the court that may determine the need for a hearing. C. RESTITUTION ORDERS Upon request the court shall conduct a hearing to determine whether restitution, as defined in section 1202.4(f), is owed to any victim as a result of the diverted offense and, if owed, order payment during the diversion period. However, a defendant’s inability to pay restitution due to indigence or mental disorder shall not be grounds for denial of diversion or finding the defendant has failed to comply with the terms of MHD. [Section 1001.36(c)(4).] D.
Sample 1
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Related to PROGRESS REPORTS AND APPEARANCES 1

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