Under California Penal Code 1000 (PC 1000) the defendant must agree to have his or her case referred to the probation department to determine if they are eligible for the diversion program. If the probation department agrees that the offender is eligible, the judge will set a hearing after the referral to the probation department.
At the DEJ hearing the judge will determine eligibility for the diversion program. If found eligible by the judge, program requirements will be described to the defendant, including the program length and the consequences of not enrolling or completing the program.
In court, the defendant is advised that he or she must plead guilty to the charges, and pay a restitution fee of not less than $100 and not more that $1000.
The defendant is advised that they are responsible for treatment, education or rehabilitation costs, and also for reasonable probation fees and costs.
The defendant is advised that if he or she successfully completes the program, the criminal charges will be dismissed and the arrest for the charge(s) deemed to have never occurred.
However, if the defendant fails to enroll in the diversion program or fails to comply with or complete the program requirements, diversion will be terminated and criminal proceedings against the defendant will proceed.