California Diversion Eligibility Guide
Which Offenses Are Excluded From Diversion Programs in California?
There is no single California list of crimes that are excluded from every diversion program. Judicial misdemeanor diversion, Mental Health Diversion, drug diversion, Military Diversion and other statutory pathways each use different offense and eligibility rules.
Quick answer
Is There One Exclusion List?
- No. California has multiple diversion statutes.
- Each statute has its own offense scope, excluded charges and eligibility criteria.
- An exclusion in one statute does not automatically apply to the others.
Four pathways
Different Diversion Statutes, Different Offense Rules
Four California diversion statutes with different offense rules.
Judicial misdemeanor · PC §1001.95
- Enumerated excluded current charges
Mental Health · PC §1001.36
- Separate statutory excluded-charge list
Drug diversion · PC §1000
- Applies to specified offenses and separate eligibility criteria
Military · PC §1001.80
- Separate misdemeanor / felony framework and statutory requirements
Start here
Why the Statute Matters
Whether a charge is excluded depends on which statute is being used. The same charge may be excluded under one statute and not addressed under another. That is why counsel starts by identifying the pathway.
PC §1001.95
Judicial Misdemeanor Diversion
PC §1001.95 excludes certain current charges: offenses requiring registration under §290, domestic violence offenses as defined by the applicable statutes, and stalking under §646.9. See our PC §1001.95 guide.
PC §1001.36
Mental Health Diversion
PC §1001.36 has its own enumerated list of excluded current charges, separate from other statutes. For the full list and context, see our PC §1001.36 deep guide.
PC §1000
Drug Diversion
PC §1000 is not a broad "all nonviolent drug offenses qualify" rule. It applies to enumerated offenses and contains separate eligibility criteria, including specified prior-history and violence-related rules.
PC §1001.80
Military Diversion
PC §1001.80 has a different structure for current and former military members, with separate misdemeanor and felony rules. Its offense rules should not be applied to nonmilitary defendants. See our Military Diversion guide.
Other programs
Other / Local Programs
Other statutes and local or prosecutor-run programs may use their own offense criteria. Those should be read with defense counsel. See the diversion programs overview.
Separate questions
An Eligible Charge Does Not Mean the Person Is Automatically Eligible
Several questions can be separate:
- Offense eligibility
- Defendant eligibility
- Clinical eligibility, where the statute requires it
- Suitability
- Prior-history requirements
- Court discretion
For prior-record questions, see diversion vs first-time offender programs.
Limits
Can Treatment Override an Excluded Charge?
No. Treatment does not override a statutory exclusion, and court discretion does not override an exclusion the statute requires. For other reasons requests are denied, see why diversion requests can be denied.
Defense counsel
How Defense Counsel Identifies the Correct Pathway
Counsel reviews the current charges, the person's history and the facts, then checks each potentially applicable statute or local program. The court decides under the governing law.
Legal note
This guide summarizes statutes at a high level. Exclusions can change and must be confirmed by defense counsel.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not interpret statutes, determine eligibility or provide criminal defense. ETS may coordinate assessments, treatment, testing, monitoring and case management where relevant.
Responsibilities
Who Does What?
Defense counsel
Identifies pathways and handles statutory interpretation.
Court
Applies the governing statute to the request.
Qualified clinician
Provides assessment and treatment where relevant.
ETS
Coordinates relevant support.
Questions
Frequently Asked Questions About Offenses Excluded From Diversion
Sources & Legal References
Confidential consultation
Support While Your Case Is Open
ETS can help coordinate treatment, assessments and case management that counsel may find relevant.
Get Help Now