Military Diversion for Misdemeanor Offenses PC 1001.80

Who Qualifies for PC 1001.80 Military Diversion?

Veterans and active-duty military members may qualify for military diversion if they suffer any of the following during or as a result of their military service:

• Traumatic brain injury (TBI). A TBI is a common type of injury among military service members that impacts one or more parts of the brain and impedes its normal functioning. During their service, a military service member could suffer a TBI as a result of a violent blow or gunshot to the head or exposure to explosives. According to the U.S. Department of Veterans Affairs, nearly 414,000 U.S. service members were diagnosed with a TBI between 2000 and late 2019. The cognitive issues resulting from traumatic brain injuries can affect many areas of the person’s life and contribute to criminal behavior.
• Post-traumatic stress disorder. Post-traumatic stress disorder is a mental health condition that affects individuals who have undergone a traumatic event. Veterans who have been exposed to combat or other high-stress situations are at a high risk of developing PTSD. According to the National Center for PTSD, of the six million veterans using VA care in fiscal year 2021, 10% of men and 19% of women were diagnosed with PTSD. Symptoms of PTSD, which commonly include mental and physical distress, disturbing thoughts, and feelings of panic or extreme fear, among others, may persist for years after the service or even for the rest of the veteran’s life.
• Military sexual trauma. Unfortunately, sexual abuse and assault during military service are common issues in the military, and they can have long-lasting physical and psychological effects. According to the American Legion, there were nearly 9,000 reports of sexual assault in the military, including the Air Force, Navy, Army, and Marine Corps, in 2022 alone. However, a terrifying number of these incidents might go unreported. Some of the acts that could contribute to sexual trauma during military service include rape, coerced sex, sexual penetration with a foreign object, groping, and forced oral sex, among others.
• Substance abuse or addiction. Substance abuse and addiction are common issues that affect many veterans after their service. Problems with alcohol and drugs in military veterans are often closely correlated with PTSD. According to the U.S. Department of Veterans Affairs, more than 2 of 10 veterans with diagnosed PTSD also suffer from substance use disorder (SUD). While the military diversion program can offer you the treatment you need to overcome your addiction and move forward with your life, the court will have to consider whether the condition was the result of your military service before granting the program.
• Mental health problems. Exposure to the numerous stressors of combat and the horrors of war during military service increases the risk of mental health conditions among military service members. According to research by RAND Corporation, an estimated 1 in 5 veterans have experienced some kind of mental health problems, including depression, anxiety, and PTSD. If left untreated, those problems can result in long-lasting consequences. However, as with other conditions on the list, your mental health problems must have arisen as a result of military service to be eligible for military diversion.

Do keep in mind that the military diversion program is only available for misdemeanor offenses. However, military veterans or members of the united states military facing felony charges could be referred to California’s “Veterans Court” (more about it below).

California’s “Veterans Courts”

Being charged with a felony offense automatically disqualifies a military veteran from participating in military diversion for misdemeanor offenses PC 1001.80. However, California law offers alternative options to former members of the military to give them a chance to avoid incarceration and a criminal record when facing felony charges. One such option is having your case transferred to Veterans Court, which offers a supportive path to recovery for veterans struggling with diagnosable symptoms of a TBI, PTSD, military sexual trauma, substance abuse or addiction, or mental health conditions related to their service.

Instead of moving through the traditional court system, a defendant’s case transferred to Veterans Court is placed on a separate track. This alternative sentencing option allows eligible veterans to get the support they need through appropriate services and programs to overcome the obstacles their condition represents. The judge will monitor the judge’s progress in various programs throughout the duration of the veteran’s treatment. If the defendant fails to follow any of the conditions of their treatment, the judge could impose the original sentence for the crime.