Terms Used In California Codes > Penal Code > Part 2 > Title 6 > Chapter 2.8A - Diversion of Individuals with Mental Disorders

• Arrest: Taking physical custody of a person by lawful authority.
• board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Pretrial diversion: means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to all of the following:

  California Penal Code 1001.36

• Qualified mental health expert: includes , but is not limited to, a psychiatrist, psychologist, a person described in §. See California Penal Code 1001.36
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.