CRM-338 is a required San Diego plea addendum in a qualifying Health and Safety Code section 11395 treatment-mandated felony case. It is not a stand-alone diversion promise. The form records a guilty or no-contest plea, admission of qualifying prior allegations, and a waiver of time for sentencing while the court defers judgment for assessment and treatment. Before signing, understand the plea, waivers, evaluation and treatment conditions, and what can happen if treatment is unsuccessful. (San Diego CRM-338; current San Diego criminal forms index; Health and Safety Code § 11395.)
Check the charge and prior allegations
First confirm the exact charged subsection and the prior allegations the prosecution is asking you to admit. The form’s availability does not prove that a case qualifies. The statutory route has its own charge and prior-offense conditions. If those do not match the case, ask counsel to explain the correct procedure before entering any plea. (Health and Safety Code § 11395.)
Understand the evaluation and treatment disclosures
CRM-338 says the independent expert keeps the underlying evaluation materials unless a court orders access, while the recommended treatment plan goes to the court, counsel, prosecutor, provider, and defendant. The statute separately requires the expert’s evaluation report to be submitted to the court and parties. If you take part in the expert interview, the interview and evidence derived from it cannot be used against you at a later trial for this charge, except to impeach testimony inconsistent with the interview. That protection is not a promise that the court or prosecutor sees no evaluation information. Review the form and proposed plan with counsel before agreeing. (CRM-338; Health and Safety Code § 11395.)
The addendum sets out treatment-plan, attendance, testing, review-hearing, and search conditions. Ask which provider will conduct the evaluation, when reviews are scheduled, what you must do between reviews, and how to report a treatment or scheduling problem. The form describes a six-to-18-month treatment period, but that is its local statement—not a universal statutory deadline. (CRM-338.)
Know the possible outcomes
Successful completion, a favorable provider recommendation, and a motion require dismissal under the statute. If the prosecutor, probation department, or court seeks judgment because treatment is unsatisfactory, not beneficial, refused, or no longer suitable—or because of a conviction for a crime committed after treatment began—the defendant must receive notice and a hearing. If the court finds a listed ground true, it must enter judgment and sentence, except that it may send the person back to treatment when justice, current suitability, and consent support that choice. Rereferral is unavailable when the finding is a conviction for a crime committed after treatment began. Neither signing the form nor starting treatment guarantees dismissal. The statute’s treatment of the plea under California law does not promise how federal immigration law will classify the case. (Health and Safety Code § 11395.)
This current treatment-mandated plea addendum is different from a modern no-plea pretrial diversion process and from a historical plea-withdrawal request after completing an older deferred-entry program. Bring the charging document, prior record, proposed addendum, and treatment information to counsel before deciding. For help reviewing a San Diego drug-treatment plea, contact the Law Offices of David S. Chesley. Call (800) 755-5174, or see the drug-diversion programs page.