The main tracks
| Statute | Who it is for | Outcome |
|---|---|---|
| PC §1000 | Eligible simple drug possession offenses | Dismissal after program completion |
| PC §1001.36 | Defendants with a qualifying diagnosed mental disorder connected to the offense | Dismissal after up to two years of treatment; some serious offenses excluded |
| PC §1001.80 | Current or former military members with service-related conditions | Dismissal after treatment |
| PC §1001.95 | Most misdemeanors, at the judge's discretion | Dismissal; DV, DUI, and registrable offenses excluded |
| Collaborative courts | Drug court, veterans court, mental health court | Supervised treatment, dismissal or reduced disposition |
Why courts use it
- It addresses the driver of the conduct instead of only the conduct.
- It reduces jail population and repeat filings.
- It preserves employment and housing, which reduce recidivism.
- A dismissal after diversion avoids the collateral consequences of a conviction.
How release interacts with diversion
Diversion is decided in court, usually at or after arraignment, and almost every program requires appearing and participating on the outside. That is the practical reason to handle release first: it is difficult to enroll in an outpatient program from a county module. See drug crime bail bonds and misdemeanor bail bonds.