Misdemeanor Diversion: California Penal Code section 1001.80

For many years, California Penal Code section 1170.9 has provided for post-plea probationary programs for current or former members of the military convicted of criminal offenses who would otherwise be sentenced to county jail or state prison. However, with the creation and implementation of California Penal Code section 1001.80 in January 2015, the court now has the ability to unilaterally grant pretrial diversion when a member or former member of the U.S. Military is suffering from sexual trauma, traumatic brain injury, Post Traumatic Stress Disorder (PTSD), substance abuse or mental health problems resulting from his/her military service and who is facing misdemeanor charges.

During the diversion period, the participant is required to seek treatment through the VA, VVSD, the Vet Center, and other programs operated by the United States Department of Defense, United States Department of Veterans Affairs, and the Department of Veterans Affairs based upon assessments of each participant’s individual need.

If the defendant is deemed to have performed satisfactorily during the period of diversion, at the end of the period of diversion, the criminal charges shall be dismissed.

For more information about Misdemeanor Diversion, contact us.