Many suspects facing charges for simple, non-violent drug offenses would welcome the chance to be placed on a drug treatment program instead of having a jail term and a criminal record.
Penal Code 1000 PC is the California pretrial drug diversion law. It allows eligible offenders to enroll in treatment and education programs instead of facing trial. After completing the required program, the charges against the defendants are dismissed and do not appear on their criminal records.
If you face arrest for a simple drug possession charge, contact a criminal defense lawyer to know whether you are a suitable candidate for a pretrial diversion.
Definition of Drug Diversion Per Penal Code 1000
California Penal Code 1000, also called the “Drug Diversion Program,” is a program available to persons charged with specific drug offenses, including possession of a controlled substance. Instead of going through the typical criminal justice system, defendants can plead guilty and complete drug treatment programs, and the cases are dismissed upon completion.
According to PC 1000, it is more effective to treat substance abuse offenders through rehabilitation than imprisoning them. Therefore, defendants who enroll in this program are released without a criminal record if they prove that they are ready to overcome their addiction.
This process starts with a ‘deferred entry of judgment’ (DEJ). If defendants are found eligible, they must enter a guilty plea. In this deferment, the defendant must complete a drug treatment program. If you complete this program without legal issues, your charges are expunged as if your arrest was never made.
This alternative approach helps the defendants regain a new life and frees the legal system from being congested with cases that do not make it to trial.
Eligibility Rules
Certain defendants charged with drug-related offenses can opt for a drug diversion program that will help them avoid the usual consequences of a conviction. However, not all defendants facing drug-related charges have this chance.
Eligible Offenses
For you to face a charge eligible for a drug diversion program, the offense must be that of simple possession of the drugs for personal use. These drugs include Marijuana, Heroin, cocaine, Methamphetamines, and any prescription drugs where one lacks a prescription.
However, the program does not cover other drug-related offenses, such as selling drugs or being in possession of drugs for sale.
Drugs that PC 1000 Cover
If facing charges for possession of prohibited substances like marijuana, heroin, or methamphetamines, you qualify for a diversion program. Moreover, the program covers those substances that are not mentioned so frequently, such as peyote, ecstasy, or some hallucinogens. The possession of prescription drugs is also covered under this program if the possession is unlawful but for personal use.
Extra Pretrial Diversion Conditions
In addition to the nature of the offense, several other requirements must be met. First, you should not have any prior convictions for any drug-related offense in the last five years. Also, the current charge should not be violent or threatening to be violent. If the crime involved any aspect of violence, then you are not eligible for PC 1000. Another requirement is that you must not have been convicted of a felony within the last five years.
How to Enter a Pretrial Diversion
Participating in California’s Drug Diversion Program is a multi-step process. The steps include:
The Prosecutor Issues a Notice
When accused of a drug-related offense, the prosecutor reviews your case to see whether it meets pretrial diversion requirements. If your case qualifies for the program, the prosecutor will notify you. This notice means you might not undergo standard prosecution and can enroll in a rehabilitation program.
The Probation Officer Investigates Your Suitability
After the prosecutor issues the notice, the court might order an investigation by a probation officer to evaluate your suitability for the program. This investigation takes into consideration the following:
- Criminal record
- Age
- Employment history
- Education
- Family connections
- History of substance use or treatment
The probation officer determines whether you are genuinely interested in the diversion program's educational and rehabilitative aspects.
According to PC 1000, whatever you tell the probation officer or during the drug treatment evaluation cannot be used against you concerning the original charge. You can disclose anything during the investigation without incriminating yourself.
The Court Finally Determines Your Eligibility
After the investigation, the probation officer will prepare a report proposing whether or not you should participate in the program. Finally, the court determines your eligibility based on this report and other reasons. If the jurisdiction accepts pretrial diversion, you can undergo a drug treatment program rather than the criminal justice process.
When You Do Not Want to Make Pretrial Diversion
It is possible to find yourself in situations where pretrial diversion is not for you. If you do not want to participate in the program or the court finds you unfit, your case goes to trial. Refusing to participate is a grave decision since it is agreeing to lose an opportunity to have the charges dismissed once you complete the diversion program.
An Overview of the Drug Treatment Program
After enrolling in California’s Drug Diversion Program, the next step is selecting a qualified drug treatment provider. The court must appoint providers to guarantee that the program satisfies specific legal and treatment requirements.
Usually, these treatment centers provide several services depending on the patient’s situation and the degree of addiction, including:
- Outpatient therapy
- Partial hospitalization
- Inpatient rehabilitation
The treatment provider’s objective is to eliminate the cause of substance abuse in your life and help you not to relapse and avoid crime in the future.
The court may allow you to select a provider within your locality, which will be advantageous in terms of proximity to your home or place of work. A facility near you reduces the chances of dropping out. However, the selected provider must provide regular reports to the court regarding your progress, compliance, and participation. Choosing an appropriate provider increases the chances of completing the program, thus avoiding a criminal record.
The Length of a Drug Treatment Under Penal Code 1000
The duration of the drug treatment program depends on your performance and the circumstances surrounding the case. However, it usually lasts between one and a half years.
This duration is flexible depending on the need to adequately offer you rehabilitation to enable you to receive the required support to leave substance dependency. The treatment provider updates the court on your progress, and the duration of the program may be changed if necessary.
A major feature of this lengthy timeline is making real progress. The court wants to see that the patient has regularly attended sessions and worked towards stopping alcohol consumption. This is the only time one can finish the program, and the charges are dismissed.
Undergoing a Drug Test During Pretrial Diversion
During your Drug Diversion Program participation, you must undertake drug tests upon request from time to time. These tests ensure you do not use prohibited substances while undergoing treatment. The frequency and kind of testing may also be different. They might also depend on the type and length of your treatment plan, the treatment officer, and the probation officer's decision.
You may not be discharged from the program immediately after testing positive for drugs. Still, you may be placed under more strict supervision, given more stringent requirements, or have your need for treatment re-evaluated.
However, one risks losing a place in the program due to several failures, and criminal charges may be restored. These tests help keep you on track in your recovery process and help ensure that you receive the needed support to stay sober.
Will My Words During Drug Treatment Incriminate Me?
California law provides that any information you share with your treatment provider is confidential. What you discuss with the therapist or counselor cannot be used against you in court. Therefore, you can freely discuss your matters with the counselor.
Nonetheless, there are a few conditions where this is not the case. If you confess to a new offense during treatment, that confession may be admissible in any subsequent legal proceedings. Likewise, any comments you provide that suggest that you are a danger to yourself or others will also be turned over to the authorities.
Pretrial Diversion Costs and Expenses
The program’s cost depends on the treatment provider and your needed services. These costs usually comprise charges for the treatment program, including counseling sessions, drug tests, and other expenses accrued to your case.
Some programs charge depending on the client’s income, while some charge per the service and may have specific payment structures to suit the client’s financial situation.
You should discuss these expenses with your treatment provider and check what is expected from you. You can modify the arrangements or change how the program is conducted so that you do not have to drop out due to financial constraints. Noncompliance with the program's financial responsibilities may attract further legal repercussions, such as expulsion.
The Necessity of Narcotic Medications While In Pretrial Diversion
If you need narcotic medicines when enrolled in the Drug Diversion Program, you should disclose this to your treatment provider and your probation officer. These drugs are only administered by a licensed medical practitioner, and you must adhere to the prescribed dosage.
You are not barred from participation if you use narcotic medications, but if you misuse them or fail to report their use truthfully, you are in trouble.
The court and your treatment provider will consider your need for these medications as part of your treatment plan. You should document your medical needs and communicate them to your instructors to prevent your medical issues from hindering your progress in the program.
Terminating a Pretrial Diversion Before Completion of Your Treatment
There are situations in which the program may be discontinued before your completion. Termination may be possible if you do not meet the program’s expectations. For example, by doing the following:
- Missing sessions
- Testing positive for drugs
- Committing other offenses
If you are willing to drop out of the program, you will be prosecuted for the underlying criminal charges. However, termination does not automatically lead to a conviction. It returns you to the conventional criminal justice system, where you are forced to face charges without the privilege of diversion.
What Happens After Finishing The Program?
After completing the drug treatment program, you can have your records expunged. Expungement allows your past arrests to not appear in most background checks. Also, charges against you could be dropped.
The procedure for expunging your record under Penal Code 851.91 is clear if a conviction did not follow the arrest. When petitioning for expungement, the judge will demand that you provide details, including:
- Full name
- Date of birth
- Date of arrest
- The arresting agency
- The charges you face
If your petition is granted, your arrest record is sealed. This means it is treated as though it never happened. However, the police departments can still access the sealed record. Also, there are cases when a sealed arrest can be reported, for example, when applying for public office or a job as a peace officer.
Alternative Drug Diversion Programs
In California, there are other types of drug diversion programs. These alternatives provide specific methods according to the person's case, the type of the crime, or the offender's conditions. They include:
California’s Proposition 36
Like drug diversion, Prop. 36 enables eligible people to receive a drug treatment program in place of incarceration. You can undergo drug treatment for up to one year, but this can be for a more extended period, as the court may allow. Completing the program results in the possibility of the charges being dropped, and the person is given an opportunity for a fresh start in life with no record of a criminal offense.
California Drug Courts, Penal Code 1000.5
California Drug Courts handle more severe substance dependency problems. These courts combine treatment with supervision. Enrollment into a Drug Court program entails regular court attendance, frequent drug testing, and completion of treatment schedules. The program is challenging, but it provides for treatment of the addiction and the legal consequences of the addiction. The goal is the participant’s rehabilitation and resocialization.
Find a Drug Crimes Lawyer Near Me
If you are charged with a drug-related crime, you should seek the services of our criminal defense attorneys. At the Foos Gavin Law Firm in Sacramento, we have experience in drug crime cases and drug treatment programs offered under deferred entry of judgment. We can help you have your case dismissed. Contact us for a free consultation with an attorney at 916-779-3500.
