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Diversion Guide

Can You Get Pretrial Diversion for a Felony? What Decides It

Yes, in some cases. In California, a few diversion laws can cover certain felony charges. Each has its own requirements and exclusions, and the court makes the final decision. There is no checklist that guarantees diversion for a felony.

CaliforniaFelony

Quick answer

Can a Felony Be Diverted in California?

  1. Mental health diversion under Penal Code §1001.36 can apply to many felonies, with listed exclusions.
  2. Military diversion under §1001.80 covers certain offenses, including some county-jail felonies.
  3. Drug-related deferred entry of judgment under §1000 covers some drug offenses.
  4. Judge-granted diversion under §1001.95 is for misdemeanors, not felonies.

Possible paths

Felony Charge: Which California Diversion Laws Might Apply?

Three lanes showing mental health diversion, military diversion and drug-related deferred entry for some felonies.

Mental health (§1001.36)

  • Qualifying disorder
  • Significant role in offense
  • Listed exclusions

Military (§1001.80)

  • Service-related condition
  • Certain offenses only

Drug DEJ (§1000)

  • Some drug offenses
  • Statutory limits
Simplified. Statutes and exclusions control.Source: Penal Code §§1000, 1001.36, 1001.80 (opens in a new tab)

§1001.36

Mental Health Diversion Can Cover Many Felonies

Penal Code §1001.36 allows a court to consider diversion when a qualifying disorder played a significant role in the offense and other conditions are met. It excludes certain serious offenses, such as murder and some sex offenses. See Mental Health Diversion.

§1001.80

Military Diversion for Some Offenses

§1001.80 covers current and former service members whose service-related condition meets the statute. It applies to misdemeanors and certain felonies punishable in county jail. See Military Diversion.

§1000

Some Drug Offenses Use Deferred Entry

Penal Code §1000 covers certain drug offenses and has its own limits. See PC 1000 in California. HS §11395 treatment-mandated felonies are different; see Treatment-Mandated Felony.

Limits

Laws That Do Not Cover Felonies

Judge-granted diversion under §1001.95 is limited to misdemeanors. Some counties also run local programs with their own rules. Ask counsel what exists locally.

Legal note

Felony diversion depends on the exact charge, statute and court. Only an attorney can advise on your case.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS can coordinate assessments, treatment, monitoring and records, and share them with counsel when authorized.

ETS does not decide eligibility or whether a condition meets a statute.

Responsibilities

Who Does What?

Defense attorney

Chooses which statute, if any, to raise.

Prosecutor

May agree or oppose.

Court

Decides whether diversion is granted.

Clinician

Evaluates and treats.

ETS

Coordinates services and records.

Questions

Felony Pretrial Diversion: FAQs

Sometimes. Certain statutes, such as §1001.36, can apply to some felonies.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains felony diversion paths at a general level. It is educational, not legal advice.

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