California Drug Diversion Programs

Brought to you by Fresno defense lawyer Daniel K Martin

Defendants charged with drug offenses in California may qualify for a drug diversion program instead of jail or prison. Anyone charged with a drug offense should research the options and ask their attorney about potential drug programs. 

The three most popular drug programs in California are PC 1000, Prop 36 and P.C.D.C. (Post Conviction Drug Court) This post will cover P.C. 1000, however each of these programs requires that the defendant be charged with a drug offense and no non-drug related offenses. (The term 'non-drug related' can confusing, speak to a criminal defense lawyer to find out if a specific charge is considered to be 'non-drug' related)

P.C. 1000 is California's Initial Drug Program

The first time a person is charged with a drug offense that does not include sales or manufacturing of drugs they will most likely be offered P.C. 1000 drug program. The advantage of P.C. 1000 is that a person can avoid jail time and a negative criminal history if they successfully complete the program. 

The program takes a minimum of 18 months to complete, however it can take longer to complete if a participant violates the terms of the program. The important thing to remember is that there is no way to shorten the program, so make sure that you or your loved one is ready to make an 18 month commitment.

P.C. 1000 is like the other drug treatment programs in the criminal justice system. There are essentially three prongs to each program. All of the programs require that participants drug test regularly, attend AA or NA meetings and attend court dates for review hearings.

The best thing about P.C. 1000 is that partipants that successfully complete the program will be allowed to withdraw their guilty plea and the case will be dismissed. That means that you will not have a criminal record and you can honestly answer that you have never been convicted a crime if you are asked about your criminal history.

Drug Testing

P.C. 1000 requires weekly drug testing. Initially, participant must drug test twice a week. The tests are random and they cost $12 per test. That means that the cost of testing alone is about $100 per month for random drug tests. If a participant tests without submitting any 'dirty' test they may qualify for once a week testing. 

The testing is random, each county will be a little bit different but most have a phone number that participants must call twice a week to find out when they test next. Sometimes the testing is back to back or two days in a row. Other times the testing is a couple of days apart. The goal of the testing is to identify people who have used drugs within a few days of testing or in the case of marijuana within a month of testing. 

If a participant provides a urine sample that reveals drug use then they are subject to punishment. Actually, testing dirty or failing to test as required is punishable by jail time. The good news is that one dirty drug test will not automatically result in termination from the program. In most cases the punishment for a dirty drug test will be two days in jail. 

AA/NA Meetings

Initially participants will be required to attend three AA meetings or NA meetings a week. Alcoholics Anonymous or Narcotics Anonymous meetings are held all over the world. It is easy to find a meeting in most towns. The meetings last about an hour. At the end of the meeting the secretary of the meeting will sign a 'court card' or some sheet of paper that serves as proof of attendance. 

In addition to the AA/NA meetings, participants must also complete a drug treatment program. These programs must be approved by probation (in fact you have to pay probation about $50 and they will give you a referral form for a specific program)

There are various programs available but all of them will require weekly meetings that you can attend while you continue to work or attend school if you need to. The programs cost anywhere from $350 to $600 and last for about a month or two. Once the program is complete the frequency of testing or AA/NA meetings usually is decreased. This means that it makes sense to enroll and complete the program as soon as you can because the rest of the program will be easier if you do not have test or attend as many meetings.

Review Hearings

In the beginning participants attend a court hearing about once a month. After a while this will be reduced to once every six weeks. The judge will hear from the probation department about how the defendant is doing. Probation will confirm that the participant has been testing and the results of the tests. 

TIP: Probation officers and the staff at probation have a lot of jobs to perform and many files to manage. Sometimes they do not maintain records properly. It is very important that participants keep the receipt they get when they test. Every time the participant goes to court they should bring the proof that they tested and the proof that they attended the AA or NA meetings. If probation fails to record a test, the participant can save themselves from going to jail by bringing proof compliance. 

If you or someone you know has been charged with a drug offense, contact a criminal defense lawyer to discus whether or not you are eligible for P.C 1000 or one of the other drug diversion programs.