The Simmrin Law Group can help you learn more about Penal Code 1000 in California. PC 1000 deals with California’s alternative sentencing drug diversion program. This program allows individuals accused of certain drug crimes to avoid a conviction by seeking treatment.
Individuals who complete the drug diversion program are not convicted of a criminal act. This result makes the program appealing to many people charged with drug crimes. Find out more about the uses of the drug diversion program.
Basic Information About the Alternative Sentencing Drug Diversion Program
PC 1000 functions as a pretrial diversion in California. This means that individuals can seek this diversion before their criminal trial begins. However, this diversion usually starts after an initial arraignment hearing. At an arraignment hearing, an individual must plead guilty, not guilty, or no contest.
As of 2018, individuals interested in a PC 1000 diversion can plead not guilty. If applicable, they can then enter into a drug diversion program. Upon official completion of the program, the court will drop their charges. Individuals who do not complete the program will face criminal charges and a jury trial.
Drug Offenses Eligible for the Pretrial Diversion Program
Not everyone accused of a drug crime in California can apply for the drug diversion program. However, individuals may be eligible for this program if they get accused of crimes such as:
- Possession of cannabis (marijuana)
- Possession of a controlled substance
- Possession of methamphetamines
- Possession of substances used for “huffing”
Note that these are only examples of the drug crime charges that allow for a drug diversion program. Generally, individuals can get into the drug diversion program if they possess illicit substances for personal use.
We know that there are many different kinds of illicit substances in California. Individuals can join a drug diversion program if they get accused of possessing many of these drugs. This includes drugs like:
- Heroin
- Cocaine
- Peyote
- Marijuana
- Ecstasy
- Ketamine
- Hallucinogens
- Methamphetamines
Individuals can even get into a drug diversion program if they are found in possession of certain prescription medications. The Simmrin Law Group can assess drug charges to determine if a PC 1000 diversion will work.
Further Restrictions on the Drug Diversion Program in California
We have discussed some of the charges that can be resolved with a drug diversion program in California. However, not everyone accused of these crimes can join a drug diversion program. The court can refuse entry into a program if an individual:
- Was convicted of certain other drug crimes within the last five years
- Threatened violence or used violence during the commission of a drug crime
- Has other drug offense violations
- Has past felony convictions on their record
Note that the prosecution often determines a defendant’s eligibility for entry into a drug diversion program. The prosecutor will notify the defendant if they are able to join this program. The notice from the prosecutor will be in writing, and it will explain the rules associated with the drug diversion program.
Regulations for a PC 1000 Alternative Sentencing Program
There are a number of regulations on drug diversion programs in California. Generally, these programs last from 12 to 18 months. While in the program, individuals are often asked to take drug tests. These tests are usually handled through urinalysis.
Failure on a drug test can lead to the end of the drug diversion program. Individuals who fail a test while in the program should not face additional criminal charges. However, they will face the initial charges that led to the drug diversion program.
Note that individuals can refuse a drug diversion program in California. In this situation, the case could proceed to trial. A drug crimes lawyer in Los Angeles could help if you face a criminal conviction for the use of illicit substances.
Does a Defendant Have to Pay to Participate in a Drug Diversion Program
The court requires those who participate in California’s drug diversion program to pay a “diversion restitution fee.” The fee is assessed to cover the cost of probation supervision or pre-plea investigation used to determine eligibility for participation in the program. The fee may be assessed in addition to other administrative fees required by law.
The amount you will have to pay for your diversion restitution fee will be somewhere between $100 and $1,000. The court will use multiple factors to determine the exact amount you will have to pay. Some of the things that the court will take into consideration include:
- Your financial situation and ability to pay
- The seriousness of the offense for which you have been charged
- The extent to which your crime caused any other person to suffer
The minimum fee of $100 will be assessed, regardless of your ability to pay. However, if your lawyer is able to make a compelling enough argument for an exception, the court may choose to waive the fee entirely.
Additionally, no matter the court’s findings on the above factors, the fee may not exceed the actual cost of the services the defendant received.
Can a Defendant Choose Their Drug Treatment Program?
A defendant may ask to be referred to any drug treatment program they choose, as long as it meets the requirements of the court. In order for a drug diversion program to qualify, it must meet one of two standards.
One option is for the program to be certified by the county drug program administrator. This certification must be done in accordance with Title 8: Chapter 1.5 of the California Penal Code.
The other option is to choose a program that provides services at no cost to the participant. These programs must be determined to be legitimate and effective by the court and the county’s drug program administrator.
Find Out More About Penal Code 1000 With a Lawyer
Get help understanding the alternative sentencing drug diversion program under Penal Code 1000 in California with the Simmrin Law Group. Our drug crimes lawyers in Los Angeles can also help you handle drug crime charges. Find out more by contacting us to get a free consultation.
You can call us or fill out our online contact form.