Key Takeaways
- LA County drug diversion programs offer treatment as an alternative to incarceration for individuals charged with nonviolent drug offenses.
- Proposition 36 and California Penal Code 1000 are the two primary statutory frameworks for drug diversion in the county.
- Drug courts provide intensive judicial oversight combined with structured treatment for participants with more complex needs.
- Successful completion of a diversion program can result in charges being dismissed and the arrest record sealed.
- Private treatment programs like Trust SoCal can serve as court-approved treatment providers for individuals in diversion programs.
What Are Drug Diversion Programs
Drug diversion programs redirect individuals charged with nonviolent drug offenses away from the criminal justice system and into substance abuse treatment. Rather than serving jail or prison time, participants complete a structured treatment program under court supervision. Successful completion typically results in the dismissal of charges.
Los Angeles County has been a national leader in implementing diversion programs since the passage of California's Proposition 36 in 2000. The county's approach recognizes that addiction is a public health issue, not purely a criminal one, and that treatment produces better outcomes than incarceration for both individuals and communities.
Diversion programs are not a free pass. They require genuine commitment to treatment, regular court appearances, drug testing, and compliance with program rules. Participants who fail to meet these requirements may be returned to traditional criminal proceedings.
Types of Diversion Programs in LA County
Several diversion pathways exist in Los Angeles County, each designed for different circumstances and levels of criminal involvement. Understanding which program applies to your situation is critical for navigating the process effectively.
Proposition 36 (SACPA)
Proposition 36, formally known as the Substance Abuse and Crime Prevention Act, allows eligible individuals convicted of nonviolent drug possession offenses to receive treatment instead of incarceration. Participants may receive up to twelve months of outpatient treatment, residential treatment, or a combination of both.
Eligibility requires that the offense be a nonviolent drug possession charge with no concurrent violent offenses. Individuals with prior violent felonies may be excluded. The court monitors progress through regular status hearings and drug testing.
Penal Code 1000 (Deferred Entry of Judgment)
Penal Code 1000 provides a deferred entry of judgment for first-time drug offenders. Under this program, the defendant pleads guilty, but sentencing is deferred while they complete an 18-month treatment and education program. Upon successful completion, the guilty plea is withdrawn and charges are dismissed.
This program is generally available to first-time offenders charged with simple possession, being under the influence of a controlled substance, or possession of drug paraphernalia. It is not available for offenses involving sales, manufacturing, or violence.
Drug Courts
LA County operates multiple drug court programs that provide intensive judicial oversight for individuals with substance use disorders who are involved in the criminal justice system. Drug courts combine regular court appearances with mandatory treatment, drug testing, incentives for compliance, and sanctions for violations.
Drug court participation typically lasts 12 to 18 months and involves multiple phases with increasing levels of autonomy. Participants who complete the program may have their charges reduced or dismissed. LA County's drug courts are housed in several courthouses across the county.
How to Access Diversion Programs
Access to diversion programs typically begins with your defense attorney filing a motion with the court or the prosecutor's office offering diversion as part of plea negotiations. Public defenders and private attorneys familiar with LA County drug cases can advise on eligibility and the best pathway for your situation.
Once the court orders diversion, the participant is typically referred to a county-approved treatment provider for an assessment. The assessment determines the appropriate level of care, which may range from outpatient education classes to intensive outpatient programming or residential treatment.
Private treatment centers, including Trust SoCal in Fountain Valley, can serve as court-approved treatment providers for individuals in LA County diversion programs. Call (949) 280-8360 to discuss whether Trust SoCal can fulfill your court-ordered treatment requirements.
If you have been charged with a drug offense in LA County, ask your attorney about diversion eligibility before accepting any plea agreement. Diversion can result in charges being completely dismissed.
From Diversion to Long-Term Recovery
Court-ordered treatment through a diversion program is often the first meaningful exposure to addiction recovery services that many individuals receive. While the initial motivation may be legal rather than personal, research consistently shows that treatment outcomes are similar regardless of whether participation is voluntary or mandated.
The key is to use the structure of the diversion program as a foundation for lasting change. Engaging genuinely in therapy, building a support network, and continuing to attend recovery meetings after the program ends can transform a legal mandate into a genuine turning point.
Trust SoCal supports individuals in diversion programs by providing evidence-based treatment that meets court requirements while also addressing the underlying issues that drive substance use. Our clinical team coordinates with attorneys and probation officers to ensure that all reporting requirements are met.
Legal Benefits of Successful Diversion Completion
Successfully completing a drug diversion program in LA County offers significant legal benefits. Under Penal Code 1000, charges are dismissed and the arrest record can be sealed. Under Proposition 36, the conviction is set aside upon successful completion of treatment.
These outcomes can have profound effects on employment, housing, professional licensing, and immigration status. A dismissed charge or set-aside conviction is far less burdensome than a drug conviction on a permanent criminal record.
Failure to complete a diversion program, on the other hand, results in reinstatement of criminal proceedings and potential sentencing on the original charges. This makes compliance with treatment requirements not just clinically important but legally critical.
Amy Pride, MFTT
Marriage & Family Therapy Trainee
