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.