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(8.19) What is diversion?

(8.19) What is diversion?

If you have a developmental disability and are charged with a criminal offense, the court may let you get treatment and habilitation instead of going to jail.[1]Penal Code section 1001.20 and following. This is called diversion.

Your diversion program can last up to 2 years. If you finish the program as instructed, the court dismisses the charges against you. If not, the court may reinstate the charges.

You are eligible for diversion if:

  • Your crime is a misdemeanor or felony, but not a serious felony.
  • You have not been in a diversion program in the last two years.
  • You have a developmental disability
  • You are a regional center client and eligible for services.[2]Penal Code section 1001.21.

1 Penal Code section 1001.20 and following.
2 Penal Code section 1001.21.