Diversion Request Guide
What Information May Matter in a Diversion Request?
There is no universal list of things every judge requires for diversion. California has several diversion laws, and each uses its own eligibility rules, procedures and findings. What information matters depends on the statute and the case.
Quick answer
Is There a List of What Judges Require?
- There is no universal list of five things every judge requires.
- Different California diversion laws use different eligibility and suitability criteria.
- They also differ in offense exclusions, clinical standards, procedures and time limits.
- They require different judicial findings. Counsel identifies which pathway applies.
Types of information
A Diversion Request Can Involve Different Types of Information
Flow from statutory eligibility through case facts, clinical and program information and participation to counsel argument and court decision.
Statutory eligibility
Case facts
Clinical information
Where the statute makes it relevant
Treatment or program information
Verified participation
Where relevant
Legal argument by defense counsel
Court decision
California law
Different Statutes, Different Criteria
Examples include PC §1000 (certain drug offenses), PC §1001.36 (mental health diversion), PC §1001.95 (judicial misdemeanor diversion) and PC §1001.80 (military diversion). These pathways do not use identical eligibility or suitability criteria.
For depth, see the PC §1000 Guide, PC §1001.36 Guide and PC §1001.95 Guide.
Clinical
When Clinical Information Is Relevant
Some statutes, like PC §1001.36, make a qualifying diagnosis and clinical opinion part of the analysis. Others do not. Clinical information should come from qualified providers and be shared with authorization.
Records
Verified Participation
Where relevant, counsel may use accurate records of treatment or program participation. Records are facts, not a score. See Court Progress Report.
Related
Denials and Excluded Offenses
Reasons diversion may be denied and offenses that may be excluded are covered separately: Diversion Denial and Excluded Offenses.
Legal note
Eligibility and suitability are legal questions decided under the specific statute. Counsel advises; the court decides.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate qualified services and organize authorized records. ETS does not decide eligibility, predict outcomes or make legal arguments.
Responsibilities
Who Does What?
Court
Decides diversion under the statute.
Defense counsel
Identifies the pathway and argues the request.
Treatment provider
Provides clinical information where relevant.
ETS
Coordinates services and records.
Questions
Diversion Request Information: Frequently Asked Questions
Sources & Legal References
California Legislative Information
Confidential consultation
Accurate Information, Clear Roles
ETS can coordinate services and records while counsel handles the diversion request.
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