Drug diversion programs may apply, depending on the county. Some first-time offenses, such as drug use or possession in small amounts for personal use, qualify for these programs. Instead of fines or jail time, the court may order counseling or the completion of a drug treatment program. Completion of the counseling and/or program may result in the dismissal of the charges.

Diversion - P.C. 1000

Defendant must plead guilty but sentencing is delayed pending completion of program.

• 16 week program (one class per month)
• Minimal costs
• After 18 months, with successful completion and no new charges, then the matter is dismissed

Applies to:

• 11350 HS
• 11357 HS
• 11364 HS
• 11365 HS
• 11377 HS
• 23222(b) VC
• 11358 HS
• 11368 HS
• 653f(d)
• 647(f)
• 4060 BP

So long as:

• Defendant has no convictions for any offense involving a controlled substance.
• Charged offense does not involve a crime of violence or threatened violence.
• No evidence of a violation related to narcotics or restricted dangerous drugs other than those specified.
• Defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed.
• Defendant's record does not indicate that he has successfully completed or been terminated from diversion within 5 years prior to the current alleged offense.
• Defendant has no prior felony conviction within 5 years prior to the current alleged offense.

Proposition 36 - P.C. 1210.2

Any person convicted of a non-violent drug offense shall receive probation and as a condition of the probation the court shall require participation in and completion of an appropriate drug treatment program.

Defendant's plead guilty and are placed on formal probation (whether convicted of a misdemeanor or a felony). Upon completion of this program the charges are dismissed.