If a person enrolled in a CBR or Diversion program is not willing to receive treatment in the community or has engaged in activities that do not support the goal of treatment, they will be seen by a judge for further consideration, which could include being removed from the program.
PC §1001.36 excludes individuals charged with specific crimes from participating in any diversion program. Per PC §1001.36, a defendant may not be placed into a diversion program for the following offenses: murder or voluntary manslaughter, an offense for which a person, if convicted, would be required to register pursuant to Section 290, except for a violation of Section 314, rape, lewd or lascivious act on a child under 14 years of age, assault with intent to commit rape, sodomy, or oral copulation, in violation of Section 220, commission of rape or sexual penetration in concert with another person, in violation of Section 264.1., continuous sexual abuse of a child, in violation of Section 288.5. or a violation of subdivision (b) or (c) of Section 11418.
