WOODLAND, Calif. — A Yolo County Superior Court judge Friday granted additional time for an accused person to complete a drug diversion program after the loss of employment and private insurance forced the individual to restart treatment through a different provider, creating delays that pushed completion beyond the statutory timeline.
At a review hearing for PC-1000 in Yolo County Superior Court, Deputy District Attorney Candace Guthmiller argued the accused had exceeded the statutory timeframe for completion, despite losing the private insurance that had funded participation in the program and having to re-enroll through CommuniCare and begin the process again.
Facing a misdemeanor charge for the use of controlled substances, the accused had been ordered to complete a PC-1000 drug diversion program.
“He’s a bit behind because this is a situation where he was originally doing a program through private insurance, but he lost his job, and then had to get re-enrolled through CommuniCare. He began his program with CommuniCare at the beginning of April,” Deputy Public Defender Simren Verma explained.
DPD Verma continued, explaining that the program lasted six months and requesting that the Aug. 21 court date for verification of completion of the PC-1000 program be converted to a check-in hearing instead, as “he likely cannot complete this program until October or November.”
DDA Guthmiller stated it was “beyond the statutory timeframe, with extension, for PC-1000,” emphasizing that the accused had “repeatedly failed to engage multiple times” and that the defense had already been granted the permissible six-month extension, even “going beyond the year mark to the 18-month mark.”
“PC-1000 is a program that can certainly be completed by August 21st,” DDA Guthmiller noted.
“To be fair, there have not been multiple failures. He lost his job, and he started a private insurance program. He lost that private insurance, and that is what set him behind. He had to restart. His intake wasn’t until April 6,” DPD Verma responded.
DPD Verma highlighted that the accused had no control over the intake schedule and that he began his CommuniCare orientation soon after losing his private insurance coverage.
“I just want to alert the court that, in August, he may not complete the six-month stint, because that would be physically impossible,” DPD Verma continued.
The defense restated its request that the Aug. 21 verification-of-completion hearing be changed to a check-in date because the accused could not complete a six-month program that began in early April by that deadline.
DPD Verma explained that the accused would need until October or November to successfully complete the program.
“I’m fine with continuing on to August 21, but if it’s not completed by that date, there’s no statutory remedy for any further continuation,” DDA Guthmiller responded.
Despite the prosecution’s insistence that the matter had already extended beyond the statutory timeframe, Judge Paul K. Richardson agreed to change the Aug. 21 verification-of-completion hearing to a check-in hearing because the accused’s loss of employment and private insurance had forced re-enrollment in a CommuniCare program.
The next court hearing is scheduled for Aug. 21 at 9 a.m.
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