How to Qualify for a CA Drug Diversion Program
If you've been charged with a nonviolent drug-related offense in California and have no recent criminal record, you might qualify to avoid a conviction and a criminal record through a drug diversion program under Penal Code 1000 PC.
This program, serving as a form of pre-trial diversion, emphasizes rehabilitation over punishment by addressing the underlying causes of substance abuse. Once you complete the program, the charges against you are dismissed, and your arrest record might be sealed.
In simple terms, PC 1000 PC pertains to California's pretrial diversion initiative for offenses involving simple drug possession for personal use. This program enables many non-violent drug offenders to opt for treatment and education rather than face jail time.
As noted, the charges are dismissed upon completion of drug diversion, resulting in no criminal record for most purposes. Only those charged with drug possession for personal use qualify for pretrial drug diversion. Our California criminal defense lawyers will examine the topic further below.
When Are You Ineligible?
If you are charged with selling, transporting, or possessing a controlled substance for sale under Health and Safety Code 11351 HS, you are generally ineligible for pretrial diversion.
Additionally, you must not have been convicted of an ineligible drug offense in the past five years. The offense must not have involved violence or threats of violence.
There should be no evidence of more serious drug crimes, and you must not have any felony convictions in the previous five years.
What is California's Drug Diversion Program?
California Penal Code 1000 PC is the state's law for pretrial diversion. If you're arrested for minor drug offenses and qualify under PC 1000, you can plead not guilty and have your charges dismissed upon successful completion of drug treatment.
California's drug diversion program aims to tackle the root causes of drug-related crimes. Rather than going through the traditional court system, eligible participants can opt to complete a certified drug treatment program that lasts between 12 and 18 months.
Once the program concludes, charges are dropped. This method acknowledges that treatment and support can be more effective than punishment for individuals dealing with substance abuse.
As a defendant, you benefit by potentially avoiding a criminal record and decreasing the likelihood of repeat offenses through appropriate treatment. Simultaneously, the state benefits from alleviating unnecessary overcrowding in the penal system caused by non-violent offenses.
Who Qualifies for a Drug Diversion Program?
The eligibility for the drug diversion program under Penal Code 1000 PC involves specific criteria and requirements.
- The offense in question must be non-violent, meaning it involves no violent acts or threats of violence related to the offense.
- The charge should relate to personal use or possession of drugs, rather than sale or distribution. Crimes involving selling or transporting drugs are not eligible for diversion.
- There should be no indication of any other, more serious drug crimes related to the offense in question.
- You must not have any felony convictions in the past five years.
- You must not have any convictions for other drug offenses that are not eligible for diversion within the past five years.
Which Drug Offenses Are Eligible for Diversion?
Examples of offenses that could qualify someone for a drug diversion program include, but are not limited to:
- Possessing methamphetamines for personal use (HSC 11377)
- Unlawful cultivation of cannabis for personal use (HSC 11358)
- Simple possession of a controlled substance (HSC 11350)
- Being under the influence of a controlled substance (HSC 11550)
- Possession of drug paraphernalia (HSC 11364)
- Aiding or abetting the use of an illegal controlled substance (HSC 11365)
- Unlawful possession of specific prescription sedatives (HSC 11375(b)(2))
- Having or using a forged prescription to unlawfully obtain drugs (HSC 11368)
These laws regulate various controlled substances, including cocaine, heroin, GHB, ecstasy, ketamine, methamphetamines, marijuana, PCP, and prescription opioids like codeine and hydrocodone (Vicodin).
Getting Referred for Pre-Trial Diversion
The prosecuting attorney handling your case must start the process to qualify you for a drug diversion program. They will examine your case and decide if you meet the eligibility requirements.
You and your attorney will be informed of your potential eligibility if applicable. Afterwards, you will proceed through several steps, which include:
- Written notification from the prosecutor regarding potential eligibility, which will outline the pretrial diversion procedures and explain the roles and authorities of the probation department, prosecuting attorney, the program, and the court.
- A potential investigation by a probation officer (if mandated by the court) to verify your eligibility,
- You will formally enter a not guilty plea to the charge and waive your right to a quick trial.
- A pre-trial diversion hearing allows the court to assess the specifics of your case and
- A final court decision on your eligibility to join the drug diversion program.
If you are deemed eligible and accepted into a drug diversion program, then bail requirements will be waived, you will be released from custody, and you will be referred to a state-approved drug treatment program to fulfill your diversion conditions.
Conditions of a Diversionary Program
After joining the program, participants are required to follow certain conditions, which may include:
- Successfully finishing your court-approved drug treatment program.
- Conduct regular drug testing to verify compliance.
- Attend all scheduled court appearances and treatment sessions.
- Remaining free of arrest throughout the diversion period.
After finishing the drug diversion program, the charges will be dropped. This means you will not have a conviction for the offense, giving you a clean slate.
It's a strong motivation to participate fully in the treatment and adhere to the program's rules. Additional diversion programs include the following:
- California Proposition 36.
- California drug court,
- LA County drug court program,
- Military diversion,
- Mental health diversion,
Termination from the Program
Your involvement in the program could be ended if any of these situations happen:
- You fail to attend or complete treatment as required by your program,
- If you commit any felony offense while enrolled in the diversion program,
- You are guilty of any offense indicating a tendency toward violence.
The district attorney, the judge, or the probation department can file a motion to end your pretrial diversion. Afterwards, the court will conduct a hearing to decide whether to approve the termination.
If your diversionary program is terminated, you may face re-arrest, and the court will resume criminal proceedings on the original charges filed against you. Contact our California criminal defense lawyers at Cron, Israels & Stark for a case review.