Military Diversion Program - CA Penal Code 1001.80 PC
Anyone who has served in the military may have encountered situations that could lead to trauma or mental health issues later, especially when transitioning back to civilian life.
Veterans and active-duty personnel experiencing trauma might qualify for "military diversion" instead of facing jail time in criminal cases.
Military diversion is a form of pretrial diversion outlined in California Penal Code 1001.80. This law allows a judge to suspend criminal proceedings for misdemeanors while the defendant undergoes treatment for their condition.
Many veterans face challenges such as Post-Traumatic Stress Disorder (PTSD), sexual trauma, or substance addiction.
As a result of these issues, many military veterans are charged with crimes. However, there are programs and alternatives available to help them avoid a conviction.
Key Takeaways
- If they successfully finish a military diversion program, the criminal charges will be dismissed, and their arrest will largely be considered as if it never occurred.
- This is a significant benefit for veterans seeking employment, as they often need to undergo background checks.
- To qualify for military diversion, individuals need to be either veterans or current members of the United States Military. They must have a range of conditions directly caused by their service.
To provide readers with clearer information about the military diversion program, our California criminal defense attorneys have outlined the details below.
What Does PC 1001.80 Say?
CA Penal Code 1001.80 is the statute that defines military diversion in misdemeanor cases if both of the following apply:
- (1) The defendant has been, or is now, a member of the United States military.
- (2) The defendant may be experiencing sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health issues stemming from their military service.
The court may order an assessment to determine whether the defendant qualifies. Unlike other California diversion programs, defendants are not required to plead guilty or no contest to access PC 1001.80 diversion.
As mentioned earlier, the judge will defer criminal proceedings while the defendant is undergoing treatment for their condition. After they finish the treatment, the charges will be dismissed. If they do not complete the program, the criminal court process will proceed as normal.
Treatment for Specific Conditions
As outlined above, PC 1001.80 permits a judge to delay the filing of misdemeanor criminal charges if the defendant is receiving treatment for specific conditions.
- Post-traumatic stress disorder (PTSD)
- Traumatic brain injury (TBI)
- Substance abuse (drugs or alcohol)
- Sexual trauma
- Mental health issues
Military diversion is generally available only to first-time offenders. Those with previous convictions are usually directed to the Veterans' Court.
Misdemeanor Crimes Eligible for Military Diversion
Penal Code 1001.80 offers a military diversion option for defendants charged with a misdemeanor offense in California. Typical California crimes include:
- Penal Code 647(f) - Drunk in public
- Penal Code 415 - Disturbing the peace
- Penal Code 240 - Assault
- Penal Code 242 - Battery
- Vehicle Code 23152(a) - Driving under the influence
- Vehicle Code 23152(b) - Driving with .08% blood alcohol
- Health and Safety Code 11350 - Drug possession
Criminal courts acknowledge that veterans often face unique issues specific to those charged with a crime.
How Does Military Diversion Work?
Typically, the defendant's criminal defense attorney will request military diversion from the court. If the defendant qualifies and the judge approves, they will enter a pretrial diversion program.
During this period, which can last from six months to two years, their criminal case will be suspended while they undergo treatment for their condition.
During this period, the defendant is expected to undergo treatment for their underlying issues and finish all relevant treatment programs. If they complete the diversion program, their arrest will be considered nullified.
This generally allows them to answer "no" to questions about their past criminal history. However, it is important to note that this exception does not apply when the question is asked on a law enforcement application.
Typical military diversion programs last from 12 to 24 months but do not exceed two years. Unlike other diversion programs in California, military diversion does not require a veteran to enter a plea of guilty or no contest to participate.
If mental health treatment is ordered, the court can refer individuals to Los Angeles County mental health services, provided the agency agrees to assume responsibility for all required treatment and to submit progress reports to the court.
California's Veteran's Court
If a veteran faces felony charges, they have alternative options to address them. Los Angeles County, like several other counties in California, operates a "Veterans' Court" aimed mainly at assisting military veterans dealing with PTSD, traumatic brain injuries, substance abuse, or similar problems.
When a defendant faces specific California crimes, they may be eligible to have their case transferred to Veterans Court. This court collaborates with the Veterans Administration to ensure the defendant receives necessary programs and services, while also monitoring their progress.
In a Veteran's Court, the defendant is expected to attend all scheduled court appearances, where the judge oversees their progress in different programs. If the defendant fails to meet their requirements, the judge may sentence them for the original felony offense.
Defendants charged with low-level, non-violent felonies without any "strike" offenses on their criminal record are generally eligible for Veterans Court, though there are some exceptions. Upon successful completion of the program, the criminal charges will be dismissed.
Contact Us for a Case Review
If you're a veteran or military member facing criminal charges, contact our office to review your case and explore your options. We'll assess whether you qualify for a military diversion program under California Penal Code 1001.80.
Cron, Israels & Stark is a leading criminal defense law firm staffed by highly experienced attorneys with a successful track record.