Tooby's California Post-Conviction Relief for Immigrants

Under former Penal Code § § 1001.20‑1001.34, the court could divert a mentally retarded (developmentally disabled) misdemeanor defendant as defined in Penal Code § 1001.20(a) without entry of a plea.  The court referred the client to a regional center for the developmentally disabled (if the client had not yet been evaluated at such a center) to determine whether the client was so disabled.  A client was not eligible if s/he has used this program within the previous two years.[58]  This statute was repealed by Stats.1995, c. 641 (S.B. 169), § 2.  Diversion dismissals under the former statute would not constitute convictions for immigration purposes, since no plea of guilty or no contest had been entered.

[58] Former Penal Code § 1001.21(b).