Penal Code 1000 is California’s pretrial diversion law and it allows eligible defendants an opportunity to have their charges dismissed if they successfully complete drug treatment. Prior to January 2018, an eligible defendant was required to plead guilty before taking part in drug treatment. As of January 1, 2018, a defendant can now plead “not guilty” to the charge and be permitted to participate in drug treatment. Upon successful completion of the drug treatment program, the court will dismiss the charges against the defendant. If the defendant is unsuccessful in the program, he or she will be entitled to a trial in front of a judge (a bench trial).
Why does this matter – Significance of successful completion in PC 1000
Upon successful completion of a PC 1000 drug treatment program, the arrest upon which the judgment was deferred shall be deemed to have never occurred. The defendant may indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or granted pretrial diversion. A record pertaining to an arrest resulting in successful completion of PC 1000 drug treatment program shall not be used in any way that could result in the denial of any employment, benefit, license, or certificate.
PC 1000 eligible offenses + additional conditions
If the defendant is charged with one of the following offenses:
- Health & Safety (HS) Code §11350
- HS §11357
- HS §11357(b) – (criteria below not required for this offense)
- HS §11358 (for personal use)
- HS §11364
- HS §11365
- HS §11368 (for personal use)
- HS §11377
- HS §11550
- Bus & Prof Code §4060
- Vehicle Code §23222(b)
- Penal Code §381
- Penal Code §647(f) (If under influence of controlled substance)
- Penal Code 653f(d) (for personal use)
and all the following is true:
- Offense charged did not involve a crime of violence or threatened violence.
- Within five years prior to the alleged commission of the charged offense, the defendant has not suffered a conviction for any offense involving controlled substances other than the offenses listed in Penal Code 1000.
- Defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense.
- There is no evidence of a simultaneous violation relating to narcotics or restricted dangerous drugs other than a violation of the offenses listed in Penal Code 1000.
Changes to PC 1000 that became effective January 1, 2018
- The defendant can plead “not guilty” (instead of guilty) and be referred to drug treatment.
- Eligible offenses are unchanged from prior law and are, for the most part, misdemeanor offenses.
- The name changed from “Deferred Entry of Judgment” (DEJ) to “Pretrial Diversion.”
- Previously, most prior drug convictions disqualified the person from PC 1000. Now, only serious drug convictions within the immediately preceding five-year period make the defendant ineligible.
- Previously, the defendant could not repeat a PC 1000 program within a five-year period. Under the new law, prior participation in PC 1000 drug treatment is no longer a disqualifier.
- Program length is decreased to 12 – 18 months (though a longer period may be requested).
Court determines eligibility
Once an investigation is conducted, if ordered by the court, probation will recommend which programs it feels would benefit the defendant and which program will accept them. The court will make the ultimate decision about what type of treatment, education, or rehabilitation would be appropriate.
If the defendant elects to participate in drug treatment he or she will plead “not guilty” to the charges and waive the right to (i) a speedy trial, (ii) a speedy preliminary hearing, and (iii) a trial by jury.
As treatment progresses, the defendant will be required to provide progress reports to the court. This helps the court determine the defendant’s continued eligibility for PC 1000 treatment.
If the defendant does not elect to participate in drug treatment, the proceedings in the original drug use case will continue. The defendant’s right to a speedy trial and trial by jury are preserved.
How does PC 1000 work?
Drug Treatment Providers
The program chosen must be either:
- A county drug program certified pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8 of the California Penal Code, or
- A no cost program that is deemed credible and effective by the court and the county drug program administrator.
Length of Treatment
Drug treatment under PC 1000 typically lasts no less than 12 months and no longer than 18 months.
Drug Testing During Treatment
Any defendant participating in PC 1000 drug treatment may be required to undergo urine tests for purposes of testing the presence of any drugs as part of the program. However, negative drug test results will not be admissible as a basis for new criminal proceedings.