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Executive Treatment Solutions

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.

EligibilityCase Factors

Quick answer

Who Is Diversion Best Suited For?

  1. Diversion depends on the program’s legal eligibility rules, not a type of person.
  2. Decision-makers may look at the offense, treatment needs, history where legally relevant and ability to take part.
  3. Public safety and accountability can also be part of the review.
  4. 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.

  1. Program eligibility

    What the law or program allows

  2. Nature of the alleged offense

    Exclusions may apply

  3. Case factors

    Treatment needs

    History where legally relevant

  4. Ability to take part

    Program requirements

    Accountability

  5. Decision

    Prosecutor or court, per the program

Order and factors vary by program and law.Source: Informed by Penal Code §§1001.36, 1001.95 (opens in a new tab)

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.

ETS does not decide eligibility or offer diversion.

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

Not always. Some programs consider prior history; others limit it. Rules vary.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains diversion eligibility at a general level. It is educational, not legal advice.

Confidential consultation

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ETS can coordinate treatment and records for your attorney.

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