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Executive Treatment Solutions

California Diversion Concepts Guide

What Is the Purpose of Diversion Programs in California?

There is no single purpose shared identically by every diversion program. Depending on the statute, diversion may be designed to address treatment needs, create an alternative case process, provide structured conditions, connect people to services, allow dismissal after successful completion where the statute provides, or reduce reliance on traditional prosecution and sentencing in appropriate cases.

Diversion ConceptsCalifornia

Quick answer

What Is the Purpose of Diversion?

  1. There is no single purpose shared by every program.
  2. Different statutes emphasize treatment, alternatives, conditions, services or case resolution.
  3. For how diversion works step by step, see our pretrial diversion guide.

Five goals

Why Diversion Programs Can Exist

Five possible goals of diversion programs; different statutes emphasize different goals.

Legal alternative

  • A different path than traditional prosecution

Treatment connection

  • Linking defendants to clinical care

Accountability / conditions

  • Structured requirements set by law or court

Service coordination

  • Connecting people to support services

Case resolution after completion

  • Where the statute authorizes it

Different emphasis

  • Each statute weighs these goals differently
Different statutes emphasize different goals.Source: California Legislative Information (opens in a new tab)

Example

Mental Health Diversion

PC §1001.36 states legislative purposes that include addressing mental health needs and providing alternatives in appropriate cases. See Mental Health Diversion in California.

Example

Judicial Misdemeanor Diversion

PC §1001.95 gives judges discretion to divert many misdemeanors under terms the court sets. See misdemeanor diversion.

Example

Military Diversion

PC §1001.80 addresses current and former military members with qualifying conditions. See our Military Diversion guide.

Example

Drug Diversion

PC §1000 applies to specified drug offenses and includes program participation. For drug-offense resources, see our HS §11395 guide.

Caution

What a Purpose Does Not Promise

A statute's purpose does not guarantee that any particular person qualifies or that any outcome will follow. Eligibility and results depend on the law, the facts and the court.

Legal note

Statutory purposes guide interpretation but do not decide individual cases.

What ETS can and cannot do

Where Executive Treatment Solutions Fits

ETS does not determine eligibility or outcomes. ETS may coordinate treatment, testing, monitoring and case management where relevant.

Courts decide diversion requests.

Responsibilities

Who Does What?

Legislature

Sets each statute's purpose and rules.

Court

Applies the statute to each case.

Defense counsel

Identifies the pathway and argues eligibility.

ETS

Coordinates relevant support.

Questions

Frequently Asked Questions About the Purpose of Diversion

It depends on the statute. Goals can include treatment, an alternative case process, structured conditions, service coordination and dismissal after completion where authorized.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains the purposes of diversion at a general level. It is not legal advice.

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