California Diversion Programs (PC 1000, 1001.36, 1001.80, 1001.95)

Drug diversion, PC § 1000

PC § 1000 (formerly Penal Code 1000.1 et seq.) is California’s deferred-entry-of-judgment program for simple drug offenses. Eligible charges include HS § 11350 (possession of a controlled substance), HS § 11377 (possession of meth), HS § 11550 (under-the-influence), PC § 647(f) when alcohol/drugs are involved, and similar non-trafficking offenses.

Eligibility: No prior convictions for crimes involving violence or weapons in the past 5 years, no prior diversion in the past 5 years, charge involves no violence or threat of violence, defendant has no parole/probation violation pending.

Process: Plea is entered and deferred. Defendant completes a drug-education program (typically 6-12 months). On successful completion, charges are dismissed under PC § 1000.4, the arrest is deemed not to have occurred for almost all purposes.

Mental health diversion, PC § 1001.36

PC § 1001.36 lets the court divert a defendant who suffers from a qualifying mental disorder (anxiety, depression, PTSD, bipolar, schizophrenia, and others listed in the DSM-5, but NOT borderline personality disorder, antisocial personality disorder, or pedophilia) where the disorder played a significant role in the offense.

Eligibility: Qualifying disorder, treatment plan, defendant consents to diversion and waives speedy trial, defendant unlikely to pose unreasonable risk of danger to public safety, offense is not murder, voluntary manslaughter, certain certain enumerated offenses, or certain weapon-related offenses.

Process: Defense motion supported by psychiatric or psychological evaluation. If granted, case is paused for up to 24 months (misdemeanor) or 24 months (felony, under SB 1223 amendments). On successful completion, case dismissed and arrest sealed under PC § 1001.36(j).

Military diversion, PC § 1001.80

PC § 1001.80 is for current and former members of the U.S. military suffering from sexual trauma, traumatic brain injury, PTSD, substance abuse, or mental health problems as a result of military service. Available for misdemeanors only (since 2023 amendments expanded scope to include certain DV offenses, but exclusions remain, check current statute).

Process: Defense motion with DD-214 and qualifying medical/mental health evaluation. Court can refer to the VA or other appropriate treatment. On completion, case dismissed and arrest sealed.

Misdemeanor diversion, PC § 1001.95 (AB 3234)

PC § 1001.95 (effective 2021) gives judges broad discretion to grant diversion for most misdemeanor offenses for up to 24 months. The court can impose any reasonable terms, community service, restitution, classes, treatment.

Exclusions (PC § 1001.95(e)): DV offenses (PC §§ 273.5, 243(e)(1), 273.6), stalking (PC § 646.9), certain enumerated offenses requiring 290 registration, and DUI (VC §§ 23152, 23153).

Process: Defense motion. Prosecution may object but the decision is the court’s. On completion, the case is dismissed and the arrest is deemed not to have occurred (PC § 1001.95(d)).

Other diversion-like programs

• Drug court / collaborative court — formal program in many LA County courts, voluntary, treatment-intensive, lengthy.
• Veterans court — collaborative court for justice-involved veterans.
• Mental health court — similar to drug court for defendants with serious mental illness.
• Neighborhood Justice Program (LA City Attorney) — community-based diversion for low-level offenses in LAPD jurisdiction.
• LASC pretrial diversion — DA-administered diversion offered case-by-case.

Why diversion matters more than a plea bargain

A plea deal, even to a reduced charge, leaves a conviction on the record. A successful diversion leaves no conviction, no probation, and (after sealing) no public arrest record. For immigration, professional licensing, security clearance, and employment background checks, diversion is the cleanest possible outcome.

Strategic considerations

• Pre-filing diversion offers. Sometimes the DA agrees in advance to a diversion track if approached pre-filing.
• Stacking eligibility. If a defendant qualifies for multiple programs (e.g., military and mental health), pick the one with the shortest term and cleanest record outcome.
• Hybrid resolutions. Some cases resolve with diversion on the main count and a plea on a minor count.
• Speedy trial waiver. Diversion under PC § 1001.36 and § 1001.80 requires a waiver, discuss timing carefully.

What to do right now

• Gather any documentation that supports diversion eligibility: medical records, DD-214, treatment history, school IEPs, prior counseling, employer letters.
• Do NOT plead guilty before exploring diversion, once a conviction is entered, most diversion paths close.
• Get a defense lawyer on board before arraignment, diversion is most easily granted early.

Related pages

• Criminal Defense overview
• Misdemeanor Defense
• Felony Defense
• Pre-Filing Intervention
• Expungement & Record Sealing