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Executive Treatment Solutions

Diversion + Testing Guide

Can You Be Drug Tested After Completing a Diversion Program?

Successful completion of a specific diversion program normally ends the conditions imposed under that diversion framework. That does not necessarily mean no other legal or clinical testing requirement can exist. Testing can arise separately from probation, pretrial release, another court order, employment, treatment, family court or another case.

TestingCalifornia

Quick answer

Does Testing End When Diversion Ends?

  1. Completing a diversion program normally ends the conditions imposed under that program.
  2. A separate authority, such as probation, another court order or a treatment provider, may still require testing.
  3. These systems should not be blended.

Different authorities

Diversion Complete. Does Testing Also End?

Five different authorities that can require drug testing, only one of which ends with completed diversion.

Diversion condition

  • May end with completed diversion

Separate probation condition

  • Separate legal authority

Separate pretrial / court order

  • Separate legal authority

Voluntary treatment

  • Clinical arrangement

Family / employment context

  • Separate system

Identify the authority

  • Ask who requires the test
Always identify which authority requires the test.Source: California Legislative Information (opens in a new tab)

During diversion

Testing During PC §1000 Diversion

Drug testing may be part of a PC §1000 diversion program. Testing required under one diversion statute does not continue forever after that program ends.

Separate authority

Probation Testing

If a person is on probation in another case, probation conditions are a separate legal authority and are not ended by completing diversion.

Separate authority

Pretrial Release or Another Court Order

Release conditions in a different case, or another court order, can include testing. See pretrial release conditions.

Clinical

Testing in Ongoing Treatment

A treatment provider may use testing as part of care. That is a clinical arrangement, not a court condition.

Other systems

Employment and Family Court

Employers and family courts operate under their own rules. Those are separate from criminal diversion.

Active conditions

If You Are Still in Diversion

While diversion is active, its testing conditions apply. For what can happen if conditions are not met, see diversion noncompliance. For alcohol monitoring methods, see remote alcohol monitoring.

Legal note

Defense counsel can confirm whether any testing requirement remains after diversion. This guide does not interpret any order.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS does not set or end testing requirements. ETS may coordinate testing, monitoring, treatment and case management where relevant.

The authority that ordered testing controls it.

Responsibilities

Who Does What?

Court / probation

Sets and ends legal testing conditions.

Defense counsel

Confirms which requirements still apply.

Treatment provider

Uses testing as part of clinical care where appropriate.

ETS

Coordinates testing and records.

Questions

Frequently Asked Questions About Drug Testing After Diversion

Completing diversion normally ends that program's conditions, but another authority may still require testing.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains testing after diversion at a general level. It is not legal advice.

Confidential consultation

Coordinated Testing Support

ETS can help coordinate testing, monitoring and case management that counsel may find relevant.

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ETS does not provide legal representation or set court conditions.

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