TERMINATION OF DIVERSION. 1. If any of the following circumstances exists, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold an informal hearing to determine whether criminal proceedings should be reinstated, whether treatment should be modified, or whether the defendant should be conserved and referred to the conservatorship investigator to initiate conservatorship proceedings: (a) The defendant is charged with an additional misdemeanor allegedly committed during the pretrial diversion and that reflects the defendant’s propensity for violence; (b) The defendant is charged with an additional felony allegedly committed during the pretrial diversion; (c) The defendant is engaged in criminal conduct rendering him or her unsuitable for diversion; (d) The defendant is performing unsatisfactorily in the assigned program, based upon the opinion of a qualified mental health expert (whom the court may deem an appropriate expert); (e) The defendant is gravely disabled as defined by Welfare and Institutions Code section 5008(h)(1)(B). 2. The court may do any of the following: (a) Allow diversion to proceed; (b) Modify and/or increase the treatment level; (c) Terminate diversion and reinstate criminal proceedings. In this instance, the Court and counsel shall select the next court date in the underlying court; (d) Xxxxx the defendant to the Public Guardian for purposes of initiating a conservatorship investigation and evaluation (see below). B. REFERRAL FOR CONSERVATORSHIP The Court, defense counsel, or the District Attorney’s Office upon receipt of information from a qualified mental health expert that the defendant may be gravely disabled may notice a hearing to refer the defendant to the Public Guardian for purposes of initiating a conservatorship investigation and evaluation. Attachment 1 1 DEFENSE COUNSEL NAME STATE BAR NO. 2 FIRM NAME 3 ADDRESS CITY, STATE ZIP 4 PHONE 5 Attorneys for Defendant 6 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 IN AND FOR THE COUNTY OF CONTRA COSTA THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff/Petitioner, v. , Defendant/Respondent. )))))))))))) Case No. _ Petition for Mental Health Diversion Pursuant to Penal Code Section 1001.36 Date: Time: Dept. 11 16 Defendant applies for Mental Health Diversion pursuant to Penal
TERMINATION OF DIVERSION. 1. If any of the following circumstances exists, the court shall, after notice to the defendant, defense counsel, and the prosecution, hold an informal hearing to determine whether criminal proceedings should be reinstated, whether treatment should be modified, or whether the defendant should be conserved and referred to the conservatorship investigator to initiate conservatorship proceedings:
TERMINATION OF DIVERSION. If CSXI restores its service with respect to an O/D Pair in which the volume commitment has been adjusted in accordance with Section 10.8.1 of this Appendix 10 to the Network Service Standard 80% or the Premium O/D Service Standard 90% of the time on average over a three calendar month period, then the volume commitments shall be reinstated as to that O/D Pair. If, however, APL's and App. -42- Confidential LTS' movements between that O/D Pair are contractually committed to another transportation provider, the volume commitments set forth in Appendix 5.2 shall not apply until APL's and LTS' first opportunity to terminate its contractual commitments to other providers with respect to that O/D Pair. If (a) CSXI has, during any four (4) months within the six (6) consecutive month period immediately prior to APL's or LTS' first contractual opportunity to terminate its commitment to another provider, met the Network Service Standard 80% of the time on average for that O/D Pair or met the Premium O/D Service Standard 90% of the time on average for that O/D Pair and (b) CSXI operates or will commit to operate train schedules for that O/D Pair that are market competitive, then upon APL's or LTS' first contractual opportunity, APL's and LTS' Movements between that O/D Pair will be subject to the volume commitments in Appendix 5.2.
