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.
Quick answer
Does Testing End When Diversion Ends?
- Completing a diversion program normally ends the conditions imposed under that program.
- A separate authority, such as probation, another court order or a treatment provider, may still require testing.
- 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
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.
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
Sources & Legal References
California law
California Courts
Confidential consultation
Coordinated Testing Support
ETS can help coordinate testing, monitoring and case management that counsel may find relevant.
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