California legal term
Pretrial diversion in California Criminal Law
Current through 2026 California legislative session
In California criminal law, “Pretrial diversion” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.
What does “Pretrial diversion” mean in California criminal law?
“Pretrial diversion” means the postponement of prosecution, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, to allow the defendant to undergo mental health treatment, subject to all of the following: (A) (i) The court is satisfied that the recommended inpatient or outpatient program of mental health treatment will meet the specialized mental health treatment needs of the defendant. (Cal. Penal Code § 1001.36)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.