Proposition 36
If a criminal defendant is convicted of a Non-Violent Drug Possession Offense after July 1, 2001, they may be eligible for Proposition 36 sentencing. Prop 36 sentencing consists of probation and drug treatment, and specifically states that a defendant shall not be required to spend time in jail as a condition of probation.
A Proposition 36 sentence requires treatment for up to one year, with an additional six months of aftercare. This may include outpatient treatment, halfway house (sober living) treatment, narcotic replacement therapy, drug education or prevention courses and/or limited inpatient or residential drug treatment as needed to address special detoxification or relapse situations or severe dependence. However, a Prop 36 sentence does not include drug treatment programs offered in a prison or jail facility. Jail is only a possible sentence where multiple efforts at rehabilitation have failed.
Note that possession for sale, production or manufacturing controlled substances DO NOT count as Non-Violent Drug Possession Offenses, and Prop 36 relief is not available.
One of the benefits to Prop 36 relief over Diversion is that it does not require a guilty plea; Prop 36 treatment is still available after a jury trial. However, there are some downsides as well: there is still a conviction on record while in treatment, and a person is not granted leave to deny that it occurred. Dismissal of the case is not automatic, and it remains to be seen how courts will deal with this.
Because of these variables, it is essential that anyone facing a drug charge receive legal advice from a California DUI and drug case lawyer that can advise the accused about all of his or her options.
If you or someone you care about has a problem with alcohol or drugs, and wants help, please contact our offices at once. We can help.
