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Comparison Guide

PC 1000 vs. 2024 Proposition 36: What Is the Difference?

PC §1000 and HS §11395 both involve drug cases and treatment, but they are different legal pathways. PC §1000 is pretrial diversion. HS §11395, created by 2024 Proposition 36, is a Treatment-Mandated Felony with a deferred entry of judgment structure. This guide compares them side by side.

PC §1000HS §11395

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On this page
  1. Quick Answer
  2. Comparison
  3. Eligibility
  4. Prior Convictions
  5. Plea Posture
  6. Treatment Structure
  7. Dismissal Rules
  8. Where ETS Fits
  9. Who Does What
  10. FAQs
  11. Sources

Quick answer

What Is the Difference?

  1. PC §1000 is pretrial diversion for specified drug offenses.
  2. HS §11395 is a recidivist felony for qualifying hard-drug possession plus qualifying priors.
  3. Under §11395, treatment follows a guilty or no contest plea under deferred entry of judgment.
  4. Both statutes describe dismissal after successful completion, under different rules.

Side by side

PC §1000 and HS §11395 Compared

Side-by-side comparison of PC 1000 and HS 11395.

PC §1000

  • Pretrial diversion
  • Specified drug offenses
  • Statutory eligibility criteria
  • No guilty plea as the defining entry feature
  • Successful completion can lead to dismissal under the statute

Different eligibilityDifferent plea postureDifferent dismissal rules

HS §11395

  • Treatment-Mandated Felony
  • Recidivist felony framework
  • Qualifying hard drug + qualifying priors
  • Treatment follows a guilty or no contest plea (deferred entry of judgment)
  • Successful completion can lead to dismissal under §11395
These are different legal pathways.Source: California Legislative Information (opens in a new tab)

Who it covers

Eligibility Is Different

PC §1000 covers listed drug offenses that meet its criteria. HS §11395 applies to possession of a qualifying hard drug by someone with two or more qualifying prior convictions.

Record

Prior Convictions Work Differently

Under PC §1000, certain priors can affect eligibility. Under HS §11395, qualifying priors are part of what makes the charge a felony. See Old Drug Misdemeanors and §11395.

Entry point

Plea Posture Is Different

PC §1000 is pretrial diversion. Under HS §11395, California DOJ describes the treatment option as deferred entry of judgment: a guilty or no contest plea is entered first, and judgment is deferred.

Program

Treatment Structure Is Different

PC §1000 uses court-approved education or treatment programs. HS §11395 uses a treatment program under its own rules. See How the HS §11395 Treatment Process Works.

Completion

Dismissal Rules Are Different

Each statute has its own completion and dismissal procedure. Do not assume one law's rules apply to the other. See Does Proposition 36 Clear Your Record?

Legal note

Which law applies depends on the charge, record and current statutes. Defense counsel reviews it; the court decides.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS does not decide which law applies. ETS coordinates support services for whatever path counsel and the court set.

Case ManagementCoordination and documentation.Behavioral Health TreatmentTreatment connections.

ETS does not provide legal representation.

Responsibilities

Who Does What?

Defense counsel

Reviews which statute applies and advises.

Court

Decides the legal path and outcomes.

Qualified provider

Provides treatment and reports progress.

ETS

Coordinates support services.

Questions

PC 1000 vs. 2024 Proposition 36: Frequently Asked Questions

No. PC §1000 is pretrial diversion. HS §11395 under 2024 Proposition 36 is a treatment-mandated felony with deferred entry of judgment.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide compares two California laws at a general level. It is not legal advice.

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Support for Either Path

ETS can help organize treatment and documentation while counsel handles the legal questions.

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ETS does not provide legal representation.

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