Completing Diversion Requirements in Sacramento

There are a few main types of diversion programs available in Sacramento:

Mental Health Diversion

Mental health diversion is available for defendants with certain mental health disorders under Penal Code 1001.36. It applies to both misdemeanors and felonies, with some exceptions like violent felonies. Defendants must have a qualifying mental health disorder that played a significant role in the charged crime. Successful completion results in dismissal of charges.

Misdemeanor Diversion

AB 3234 established a judicial diversion program for misdemeanors. Judges have discretion to divert eligible defendants for up to 24 months. Defendants must complete court-ordered terms like treatment, community service, or restitution. Successful completion leads to dismissal of the case.

Drug Diversion

There are two main drug diversion programs – Proposition 36 and Penal Code 1000. These allow eligible defendants charged with nonviolent drug possession to enter treatment instead of facing jail time. Proposition 36 is more stringent with a longer duration.

Pre-Trial Diversion

Some prosecutors offer pre-trial diversion on a case-by-case basis, requiring completion of terms like treatment or restitution. The case is dismissed upon successful completion. Defense attorneys can advise if this is appropriate.

Eligibility Requirements

Eligibility requirements vary by program but generally involve:

• The type of charges – diversion programs target specific nonviolent offenses
• Criminal history – those with extensive records may not qualify
• Willingness to participate – defendants must agree to the terms
• Treatment needs – established mental health or drug issues
• Public safety – those posing a high risk are often excluded

Consult an attorney to evaluate your specific charges and history for eligibility.

The Diversion Process

The process typically involves:

1. Determining eligibility – the defense attorney files a motion showing the defendant meets the requirements
2. Court approval – the judge reviews and decides whether to grant diversion
3. Signing agreement – the defendant agrees to the terms of the program
4. Treatment period – the defendant completes court-ordered treatment, programs, etc
5. Progress reports – the court monitors compliance and progress
6. Successful completion – charges are dismissed and record cleared

The process starts with the defense attorney filing a motion for diversion, laying out how the defendant meets the eligibility criteria. The judge reviews and makes the final determination on granting diversion. If approved, the defendant signs an agreement to comply with all requirements, like entering a treatment program.

Throughout the diversion period, progress reports are provided to ensure compliance. Defendants who violate terms may face termination. Those who successfully complete all requirements get their charges dismissed and arrest record cleared.

Tips for Completing Diversion

Here are some tips to successfully complete diversion programs in Sacramento:

• Take it seriously – diversion is a privilege, not a right. Approach it as a second chance to avoid prosecution.
• Understand all requirements – read the agreement thoroughly and clarify anything you don’t understand. Follow all terms.
• Communicate with your attorney – your attorney can answer questions and advocate for you throughout the process.
• Attend all treatment – don’t miss appointments or skip sessions. Be an active, engaged participant.
• Avoid triggers – make lifestyle changes needed to avoid relapse. Limit exposure to risky situations or people.
• Submit to drug testing – expect random testing and comply to demonstrate sobriety. Inform staff of any prescriptions.
• Make restitution – pay victims any owed restitution on a schedule. Ask for adjustments if needed.
• Document your progress – keep records showing your compliance and achievements to report to the court.
• Seek support – surround yourself with positive people who will support your rehabilitation.
• Persevere – there may be setbacks; persist through challenges to successfully graduate.

Diversion provides a tremendous opportunity to avoid prosecution, but requires hard work and personal responsibility. With commitment to the process and terms, many can successfully complete requirements and earn a clean slate.