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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.

PC §1000Drug Diversion

Quick answer

What Is PC §1000?

  1. PC §1000 is a pretrial diversion law for specified controlled-substance offenses.
  2. It applies only when the statutory criteria are satisfied.
  3. It is not available for every drug case.
  4. 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.

  1. Is the current offense listed?

  2. Do the prior-history rules apply?

  3. Are the other statutory eligibility conditions satisfied?

  4. What conditions or program does the court order?

  5. What does successful completion do?

Each question is reviewed under the current statute.Source: California Legislative Information (opens in a new tab)

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.

ETS does not provide legal representation.

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

California's pretrial diversion statute for specified controlled-substance offenses.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains PC §1000 at a general level. It is not legal advice.

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