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.