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http://www.shousel aw.com/proposition -36.html 888.327.4652 CA defense lawyers explain Proposition (Prop) 36: who qualifies, how the drug diversion trea (more)

http://www.shouselaw.com/proposition-36.html 888.327.4652 CA defense lawyers explain Proposition (Prop) 36: who qualifies, how the drug diversion treatment program works.

Proposition 36...more commonly referred to as "Prop. 36"...is a criminal sentencing initiative that was passed by California voters on November 7, 2000. Prop. 36 requires that eligible non-violent drug offenders serve their time in a drug treatment program instead of in jail or prison.


Proposition 36...which is defined in Penal Code sections 1210-1210.1 PC and in 3063.1 (as it relates to people on parole)...is one type of California drug diversion. "Drug diversion" typically refers to the practice of allowing eligible defendants to have their criminal charges/conviction dismissed if they successfully complete a court-approved drug treatment program.

A court approved "drug treatment program" refers to a treatment program that includes one or more of the following:

drug education,


outpatient services or residential treatment,


detoxification services or narcotic replacement therapy, or
aftercare services.


It does not refer to the drug rehabilitation programs that are offered in a prison or jail facility.

Specifically, Prop. 36 changed California law to require that first and second-time defendants who have been convicted of nonviolent drug possession offenses receive up to twelve months of substance abuse treatment in lieu of incarceration. This period may be extended by up to two more six-month periods if necessary.

Proposition 36 additionally prohibits incarceration as a condition of probation or parole...unless you violate your probation or parole. It also establishes strict procedures for such violations.


After you have successfully completed your California Prop. 36 drug treatment, you may petition the court to dismiss your conviction. As long as the judge agrees that you have successfully completed treatment...and have substantially complied with all terms of your probation...he/she must set aside and dismiss your case.

The phrase "successful completion of drug treatment" means that you have completed the course of drug treatment that was recommended by the treatment provider and ordered by the court. It additionally means that there is reasonable cause to believe that you will no longer abuse controlled substances.

Once your charge has been expunged in accordance with California's expungement laws, you are released from all penalties and disabilities that resulted from the offense, except that you may not own or possess a firearm capable of being concealed on your person (that is, a concealed weapon).

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