Diversion Guide
What Types of Offenders Are Best Suited for Diversion? It Depends on the Case
There is no “right kind of person” for diversion. Programs and courts look at legal eligibility and case factors, not personal labels. Each program has its own rules, and the decision belongs to the prosecutor or court that runs it.
Quick answer
Who Is Diversion Best Suited For?
- Diversion depends on the program’s legal eligibility rules, not a type of person.
- Decision-makers may look at the offense, treatment needs, history where legally relevant and ability to take part.
- Public safety and accountability can also be part of the review.
- Age, race, income or family status do not make anyone deserving or undeserving.
Factors, not labels
Diversion Is Usually About Eligibility and Case Factors, Not a Type of Person
Flow from program eligibility to offense review, case factors, participation ability and the final decision.
Program eligibility
What the law or program allows
Nature of the alleged offense
Exclusions may apply
Case factors
Treatment needs
History where legally relevant
Ability to take part
Program requirements
Accountability
Decision
Prosecutor or court, per the program
First question
Legal Eligibility Comes First
Each diversion law or program defines who it covers. In California, for example, §1001.95 covers many misdemeanors with listed exclusions, while §1001.36 focuses on qualifying mental health disorders. See offenses generally excluded from diversion.
Legally relevant factors
Factors Decision-Makers May Consider
- The nature of the alleged offense
- Treatment needs, if the program is treatment-based
- Prior history, where the law allows it to be considered
- Public safety concerns
- Willingness and ability to meet program terms
Fairness
Personal Labels Are Not Eligibility Rules
Diversion is not a reward for a type of person. Characteristics like race, income or family status should not make someone more or less deserving. If you think a decision was unfair, talk with your attorney.
Program terms
Being Able to Follow the Program
Programs may require classes, treatment, testing or check-ins. Being able to meet those terms matters. Learn about what happens if program terms are not met.
Legal note
Eligibility depends on the specific law, program and case. Only an attorney can advise on yours.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS can coordinate assessments, treatment, testing and records, and share them with counsel when authorized.
Responsibilities
Who Does What?
Defense attorney
Compares your case to program rules.
Prosecutor
Decides or takes a position, depending on the program.
Court
Decides where the law gives it that role.
ETS
Coordinates services and records.
Questions
Who Diversion Is For: Frequently Asked Questions
Sources & Legal References
Confidential consultation
Support While Counsel Advises
ETS can coordinate treatment and records for your attorney.
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