1000.
(a) This chapter shall apply whenever a case is before any court upon an accusatory pleading for a violation of Section 11350, 11357, 11364, or 11365, paragraph (2) of subdivision (b) of Section 11375, Section 11377, or Section 11365, 11377, or 11550 of the Health and Safety Code, or subdivision (b) of Section 23222 of the Vehicle Code, or Section Section 11358 of the Health and Safety Code if the marijuana planted, cultivated, harvested, dried, or processed is for personal use, or Section 11368 of the Health and Safety Code if the narcotic drug was secured by a fictitious prescription and is for the personal use of the defendant and was not sold or furnished to another, or Section 11370.1 of the Health and Safety Code if the amount possessed is one-half gram or less of a substance containing cocaine base, one gram or less of a substance containing cocaine, one gram or less of a substance containing heroin, one gram or less of a substance containing methamphetamine, one-eighth gram or less of a crystalline substance containing phencyclidine, one milliliter or less of a liquid substance containing phencyclidine, one-half gram or less of plant material containing phencyclidine, or one hand-rolled cigarette treated with phencyclidine, or subdivision (d) of Section 653f if the solicitation was for acts directed to personal use only, or Section 381 or subdivision (f) of Section 647 of the Penal Code, if for being under the influence of a controlled substance, or Section 4060 4230 of the Business and Professions Code, and it appears to the prosecuting district attorney that, except as provided in subdivision (b) of Section 11357 of the Health and Safety Code, all of the following apply to the defendant: (1) Within five years The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense, the defendant has not suffered a conviction for any offense involving controlled substances other than the offenses listed in this subdivision. divertible offense.
(2) The offense charged did not involve a crime of violence or threatened violence.
(3) There is no evidence of a contemporaneous violation relating to narcotics or restricted dangerous drugs other than a violation of the offenses sections listed in this subdivision.
(4) The defendant’s record does not indicate that probation or parole has ever been revoked without thereafter being completed.
(5) The defendant’s record does not indicate that he or she has been diverted pursuant to this chapter within five years prior to the alleged commission of the charged divertible offense.
(4) (6) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged divertible offense.
(b) The prosecuting district attorney shall review his or her file to determine whether or not paragraphs (1) to (4), (6), inclusive, of subdivision (a) apply are applicable to the defendant. Upon the agreement of the district attorney, law enforcement, the public defender, and the presiding judge of the criminal division of the municipal court or a judge designated by the presiding judge, this procedure shall be completed as soon as possible after the initial filing of the charges. If the defendant is found eligible, the prosecuting district attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. This procedure is intended to allow the court to set the hearing for pretrial diversion diversion hearing at the arraignment. If the defendant is found ineligible for pretrial diversion, the prosecuting ineligible, the district attorney shall file with the court a declaration in writing or state for the record the grounds upon which the determination is based, and shall make this information available to the defendant and his or her attorney. The sole remedy of a defendant who is found ineligible for pretrial diversion is a postconviction appeal.
(c) All referrals for pretrial to diversion granted by the court pursuant to this chapter on or after January 1, 1995, shall be made only to diversion programs that which have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to diversion programs that which provide services at no cost to the participant and have been deemed by the court and the county drug program administrator to be credible and effective. The defendant may request to be referred to a program in any county, as long as that program meets the criteria set forth in this subdivision. Prior to January 1, 1995, all referrals to diversion granted by the court shall, to the maximum extent possible, be made to diversion programs which have been certified by the county drug program administrator pursuant to Chapter 1.5 (commencing with Section 1211) of Title 8, or to diversion programs which provide services at no cost to the participant and have been deemed by the court to be credible and effective.
(d) Pretrial Successful completion of diversion for an alleged a violation of Section 11368 of the Health and Safety Code shall not prohibit any administrative agency from taking disciplinary action against a licensee or from denying a license. This subdivision does not Nothing in this subdivision shall be construed to expand or restrict the provisions of Section 1000.4. 1000.5.
(e) Any defendant who is participating in a program authorized in this section may be required jurisdiction that provides diversion under this chapter may require a divertee to undergo analysis of his or her urine for the purpose of testing for the presence of any drug as part of the a treatment and supervision program. However, urinalysis urine analysis results shall not be admissible as a basis for any new criminal prosecution or proceeding.