Retroactive Application of Diversion Statute
[摘要] diversioneligibilityameliorativeforensic assessmentcourt-mandated treatmentRetroactive Application of Diversion Eligibility Is Acceptable When Applied to a Class of Persons and for Ameliorative BenefitIn People v. Frahs, 466 P.3d 844 (Cal. 2020), the Supreme Court of California upheld the decision of the California Court of Appeal to retroactively apply Cal. Penal Codes § 1001.35 and § 1001.36 (2018) to Mr. Frahs's case. This conditionally reversed his conviction and sentence and remanded his case to the trial court for an eligibility hearing for pretrial diversion.
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[效力级别] [学科分类] 儿科学
[关键词] diversion;eligibility;ameliorative;forensic assessment;court-mandated treatment [时效性]