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Military Diversion Program (Penal Code, section 1001.80)
Eligibility Assessment Resources Guide for Defendants


California’s military diversion program, establishes a pretrial diversion program for current and former members of the U.S. military who are charged with a misdemeanor offense. Under Penal Code, section 1001.80, subdivision (a), the military diversion program applies to a defendant accused of a misdemeanor offense, who was or currently is a member of the United States military, and who may be suffering from sexual trauma, traumatic brain injury[TBI], post-traumatic stress disorder [PTSD], substance abuse, or mental health problems as a result of his or her military service." If a defendant meets this criteria, the Court may place him or her into a pretrial diversion program.

This is a link to an Eligibility Assessment Resources Guide, the purpose of which is to provide defendants and their counsel with resources that may be able to assist in assessing whether the defendant is eligible to be considered for diversion. These resources are not exhaustive or exclusive. Defendants and their counsel may seek to establish eligibility through other organizations, agencies and means. A determination that a defendant meets the criteria for eligibility by any person, agency or organization, including those listed below, is not binding on the Court and may be subject to a contested evidentiary hearing.

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