Penal Code §1000 Guide
California Penal Code §1000: Drug Diversion Eligibility and Process
Penal Code §1000 provides pretrial diversion for specified controlled-substance offenses when the statutory criteria are satisfied. It is not available for every drug case. This guide walks through what the statute covers, how eligibility is reviewed and what happens during and after diversion.
On this page
- Quick Answer
- Review Questions
- What Is PC §1000?
- Covered Offenses
- Prior History
- Violence-Related Criteria
- How Eligibility Is Determined
- After Diversion Is Granted
- Treatment and Education
- Testing
- How Long It Lasts
- Costs
- After Completion
- After Noncompletion
- PC §1000 vs HS §11395
- Where ETS Fits
- Who Does What
- FAQs
- Sources
Quick answer
What Is PC §1000?
- PC §1000 is a pretrial diversion law for specified controlled-substance offenses.
- It applies only when the statutory criteria are satisfied.
- It is not available for every drug case.
- Successful completion can lead to dismissal under the statute.
Questions to review
PC §1000: Questions to Review
PC 1000 review flow from listed offense to completion.
Is the current offense listed?
Do the prior-history rules apply?
Are the other statutory eligibility conditions satisfied?
What conditions or program does the court order?
What does successful completion do?
Definition
What Is PC §1000?
Penal Code §1000 is California's pretrial drug diversion statute. It allows certain drug cases to be paused while the person completes a program. It is pretrial diversion, not the HS §11395 Treatment-Mandated Felony framework.
Listed offenses
Which Offenses Are Covered?
The statute lists specific controlled-substance offenses, generally simple possession and related lower-level offenses. Sales, transportation for sale and many other offenses are not on the list. Counsel compares the actual charge with the current list.
Record review
Prior History
The statute contains rules about certain prior convictions. Whether a person's history affects eligibility depends on the exact priors and the current text.
Other criteria
Violence-Related Criteria
The statute also looks at whether the case involves violence or threatened violence, and other listed factors. These are statutory criteria, not judgment calls by a provider.
The process
How Eligibility Is Determined
The prosecutor reviews the file under the statute, and the court decides whether to grant diversion. Defense counsel advocates and explains the options.
During diversion
What Happens After Diversion Is Granted?
The court refers the person to an approved program and sets conditions. Criminal proceedings are paused while the program is completed.
Program
Treatment and Education
Programs can include drug education, treatment or both. Qualified providers decide clinical needs. See Behavioral Health Treatment.
Monitoring
Testing
Drug testing may be part of the conditions. Frequency and method depend on the program and the court. See Drug Screening.
Duration
How Long Can PC §1000 Diversion Last?
The statute sets a minimum and maximum period, and the court sets the period within that range. Actual length depends on the program and progress, so there is no single timeline that applies to everyone.
No single price
What Does PC §1000 Cost?
- Court or administrative fees, where authorized
- Treatment or education provider costs
- Testing costs
- Other program costs
Successful completion
What Happens After Successful Completion?
Under the statute, successful completion can lead to dismissal of the charges, and the statute addresses how the arrest is treated. Record questions can still arise; see SB 731 and diversion records.
If problems arise
What Happens After Noncompletion?
If the person does not perform satisfactorily, the court may hold a hearing and may end diversion and resume criminal proceedings. See diversion noncompliance.
Different laws
PC §1000 vs HS §11395
HS §11395, created by 2024 Proposition 36, is a treatment-mandated felony with a deferred entry of judgment structure. It is not PC §1000. See PC 1000 vs. 2024 Proposition 36.
Legal note
Covered offenses, prior-history rules, duration and fees come from the current statute. Defense counsel reviews them; the court decides.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not decide PC §1000 eligibility. ETS coordinates support services that may help a person stay organized during a court-ordered program.
Responsibilities
Who Does What?
Defense counsel
Reviews eligibility and advises on options.
Court
Grants diversion, sets conditions and decides completion.
Program
Provides education or treatment and reports progress.
ETS
Coordinates support and documentation.
Questions
PC §1000: Frequently Asked Questions
Sources & Legal References
California Courts
Confidential consultation
Support for a Court-Ordered Program
ETS can help organize treatment, testing and documentation alongside your attorney.
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