It is the intent of the Legislature that this chapter, Chapter 2.5 (commencing with Section 1000) of this title, or any other provision of law not be construed to preempt other current or future pretrial or precomplaint diversion programs. It is also the intent of the Legislature that current or future posttrial diversion programs not be preempted, except as provided in Section 13201 or 13352.5 of the Vehicle Code. Sections 1001.2 to 1001.9, inclusive, of this chapter apply only to pretrial diversion programs as defined in Section 1001.1.
Pleadings and Proceedings Before TrialMisdemeanor Diversion
Section § 1001
This section expresses the intention of the California Legislature regarding diversion programs, which are alternatives to prosecution that can happen before trial or before a complaint is filed. The law clarifies that these diversion programs should not be replaced or overridden by other laws. It also states that future diversion programs after a trial can continue, except in certain cases related to the Vehicle Code. The specific rules from Sections 1001.2 to 1001.9 are only about pretrial diversion programs.
pretrial diversion programs precomplaint diversion programs posttrial diversion programs
Section § 1001.1
This law section explains that 'pretrial diversion' is a process used in misdemeanor cases where the prosecution can be delayed or even dismissed, either temporarily or permanently, after someone has been charged but before the case is decided in court.
As used in Sections 1001.2 to 1001.9, inclusive, of this chapter, pretrial diversion refers to the procedure of postponing prosecution of an offense filed as a misdemeanor either temporarily or permanently at any point in the judicial process from the point at which the accused is charged until adjudication.
pretrial diversion misdemeanor postponing prosecution
Section § 1001.2
This section makes it clear that certain pretrial and posttrial diversion programs are not applicable to individuals with offenses involving problem drinking or alcoholism related to specific Vehicle Code violations (like DUI offenses under Sections 23152 and 23153). Additionally, it states that any new diversion programs must be reviewed and approved by the district attorney of each county every year. However, while the district attorney can approve programs, they can't decide if individual defendants can be diverted into these programs.
(a)CA Penal Law Code § 1001.2(a) This chapter shall not apply to any pretrial diversion or posttrial programs for the treatment of problem drinking or alcoholism utilized for persons convicted of one or more offenses under Section 23152 or 23153 or former Section 23102 of the Vehicle Code or to pretrial diversion programs established pursuant to Chapter 2.5 (commencing with Section 1000) of this title nor shall this chapter be deemed to authorize any pretrial diversion or posttrial programs for persons alleged to have committed violation of Section 23152 or 23153 of the Vehicle Code.
(b)CA Penal Law Code § 1001.2(b) The district attorney of each county shall review annually any diversion program established pursuant to this chapter, and no program shall continue without the approval of the district attorney. No person shall be diverted under a program unless it has been approved by the district attorney. Nothing in this subdivision shall authorize the prosecutor to determine whether a particular defendant shall be diverted.
diversion programs problem drinking alcoholism treatment
Section § 1001.3
This law states that a defendant cannot be forced to admit guilt in order to participate in a pretrial diversion program.
At no time shall a defendant be required to make an admission of guilt as a prerequisite for placement in a pretrial diversion program.
pretrial diversion program admission of guilt defendant rights
Section § 1001.4
If someone is participating in a pretrial diversion program and there's a reason to end it, they're entitled to a formal hearing before any decision to terminate is made.
A divertee is entitled to a hearing, as set forth by law, before his or her pretrial diversion can be terminated for cause.
divertee pretrial diversion hearing rights
Section § 1001.5
This law section states that any statements or information a defendant provides about their eligibility for a diversion program, or while participating in it, cannot be used against them in court or other legal proceedings. This includes information in reports about their participation. However, if there’s a recommendation to end their diversion program for specific reasons, this information can be used during proceedings to terminate their involvement in the program.
No statement, or information procured therefrom, made by the defendant in connection with the determination of his or her eligibility for diversion, and no statement, or information procured therefrom, made by the defendant, subsequent to the granting of diversion or while participating in such program, and no information contained in any report made with respect thereto, and no statement or other information concerning the defendant’s participation in such program shall be admissible in any action or proceeding. However, if a divertee is recommended for termination for cause, information regarding his or her participation in such program may be used for purposes of the termination proceedings.
defendant statements eligibility for diversion diversion program
Section § 1001.6
When a defendant's case is set to be diverted, any bail money or bond posted on their behalf is released or nullified. The court must then issue an order confirming this action.
At such time that a defendant’s case is diverted, any bail bond or undertaking, or deposit in lieu thereof, on file by or on behalf of the defendant shall be exonerated, and the court shall enter an order so directing.
defendant case diversion bail bond exoneration court order for bail
Section § 1001.7
If someone successfully completes a diversion program, which is an alternative to traditional legal proceedings, then the criminal charges against them will be dropped at the end of the program.
If the divertee has performed satisfactorily during the period of diversion, the criminal charges shall be dismissed at the end of the period of diversion.
diversion program criminal charges dismissal successful completion
Section § 1001.8
This law section requires that any case records which are diverted (meaning handled outside the usual legal proceedings) need to clearly state how the case was resolved.
Any record filed with the Department of Justice shall indicate the disposition of those cases diverted pursuant to this chapter.
Department of Justice record case disposition diverted cases
Section § 1001.9
This law explains what happens to criminal records when someone completes a diversion program. If completed successfully, it's as if the arrest never happened, and records can be sealed, meaning you don’t have to mention them in applications for most jobs or benefits. However, there's an exception for people applying to be peace officers; they must disclose the arrest. Even sealed records can still be accessed by criminal justice agencies.
(a)CA Penal Law Code § 1001.9(a) Any record filed with the Department of Justice shall indicate the disposition in those cases diverted pursuant to this chapter. Upon successful completion of a diversion program, the arrest upon which the diversion was based shall be deemed to have never occurred and the court may issue an order to seal the records pertaining to the arrest as described in Section 851.92. The divertee may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or diverted for the offense, except as specified in subdivision (b). A record pertaining to an arrest resulting in successful completion of a diversion program shall not, without the divertee’s consent, be used in any way that could result in the denial of any employment, benefit, license,
or certificate.
(b)CA Penal Law Code § 1001.9(b) The divertee shall be advised that, regardless of his or her successful completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice in response to any peace officer application request and that, notwithstanding subdivision (a), this section does not relieve him or her of the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830.
(c)CA Penal Law Code § 1001.9(c) The divertee shall be advised that, regardless of the defendant’s successful completion of a deferred entry of judgment program, an order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in
Section 851.92.
diversion program arrest record sealing arrest non-disclosure
