NCJ Number
19593
Date Published
1975
Length
204 pages
Annotation
THE DRUG OFFENDER DIVERSION STATUTE, SECTION 1000 OF THE CALIFORNIA PENAL CODE (PC 1000), PROVIDES FOR PRE-TRIAL DIVERSION FROM COURT TO A CLASS OR PROGRAM OF EDUCATION, TREATMENT OR REHABILITATION.
Abstract
THE GOALS OF THE LAW ARE TO ELIMINATE THE STIGMA OF A CRIMINAL CONVICTION FOR A FIRST OFFENSE, TO REDUCE COURT WORKLOADS, AND TO PROVIDE INTERVENTION SERVICES TO THE MINIMALLY INVOLVED DRUG DEFENDANT IN ORDER TO REDUCE THE POSSIBILITY OF HIS RETURNING TO THE SYSTEM ON SIMILAR OR MORE SERIOUS CHARGES. AN OVERVIEW OF THE PC 1000 DIVERSION PROCESS IS PRESENTED. DISCUSSED ARE THE ROLES AND FUNCTIONS OF DISTRICT ATTORNEY, PUBLIC DEFENDER, THE COURTS, AND THE ADULT PROBATION DEPARTMENT IN COURT DIVERSION. COPIES OF QUESTIONNAIRES OF DIVERSION PRACTICES SENT TO THESE CRIMINAL JUSTICE AGENCIES ARE ALSO INCLUDED. IN ADDITION, THE TEN MOST OFTEN USED DIVERSION PROGRAMS IN SANTA CLARA COUNTY ARE BRIEFLY DESCRIBED, AND THE EXPERIENCES AND OPINIONS OF PC 1000 DIVERTEES ARE EXAMINED. EVALUATORS CONCLUDED THAT NONE OF THE THREE PURPOSES OF THE LAW WERE BEING REALIZED DUE TO THE COMPLICATED NATURE OF THE DIVERSION PROCESS AND THE INCOMPATIBILITY OF THE THREE GOALS. RECOMMENDATIONS ARE WITH REGARD TO THE INFORMATION PROVIDED TO POTENTIAL DIVERTEES ABOUT THE PROGRAM, THE EDUCATION, TREATMENT, AND REHABILITATION SERVICES PROVIDED TO DIVERTEES, THE EXPUNGING OF DIVERTEE RECORDS, AND INTERAGENCY COMMUNICATION ON THE OPERATION OF DIVERSION.