Proposition 36: Drug treatment program as an alternative to jail time.
Under Proposition 36 (California Penal Code § 1210), any person convicted of a nonviolent drug possession offense shall receive probation. This means you can qualify for a drug treatment program rather than jail time. As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program. The judge may require the defendant to contribute to the cost of his or her own placement in a drug treatment program.
Exceptions (Defendants that do not qualify)
- Defendant who previously has been convicted of one or more violent or serious felonies do not qualify, unless the nonviolent drug possession offense occurred after a period of five years in which the defendant remained free of misdemeanor or felony convictions involving violence.
- Defendants that are charged with possession for sale do not qualify. Unless your attorney is able to reduce the charged to a simple possession, you will not qualify for this program.
- Any defendant who, while armed with a deadly weapon, with the intent to use the same as a deadly weapon, unlawfully possesses or is under the influence of any controlled substance.
- And more. (see the statute for a complete list)
If the defendant qualifies for the program, he/she will plead guilty to the offense and be placed on a formal probation (if the offense is a felony). In addition to completing the program, a judge may impose additional conditions on the probation. The defendant will then be referred to a Regional Recovery Center (RCC) and must report there within 7 days. RCC will assess the participant and assign the treatment program. There will be a 30 and a 90-day Court Hearings, where the judge may place a defendant on summary probation if the treatment is complete or a defendant is a low-risk felon. After 12 months and a successful completion of the program, the defendant may request a dismissal of the charges and for the conviction to be set aside.
Call Delicino & Vialtsin for a consultation on your case. 619-357-6677
- Possession of a Controlled Substance in California | HS 11350 (a)
- Possession of a Controlled Substance with Intent to Sell | HS 11351
- Transportation for Sale of a Controlled Substance| HS 11352
- Possession of Marijuana | Health and Safety Code Section 11357 | HS 11357
- Marijuana Cultivation, Harvest, Plant | HS 11358
- Possession of Marijuana for Sale | Health and Safety Code 11359 | HS 11359
- Marijuana Sale, Giving Away, Transportation | California Health and Safety Code Section 11360 | HS 11360
- Possession of Drug Paraphernalia | California Health and Safety Code 11364 | HS 11364
- Manufacturing a Controlled Substance (Marijuana, Hash Oil, etc.) | HS 11379.6(a)
- Driving Under Influence of Marijuana (Marijuana DUI) | California Vehicle Code Section 23152 | VC 23152
- Can a vehicle be searched by police officers if they smell marijuana outside of the vehicle?
- When can police stop and search my vehicle?
Delicino & Vialtsin, LLP answer general legal questions emailed to us on this blog. Feel free to send us YOUR question by email. Please do not email us confidential or time sensitive information, but call 619-357-6677 The answer suggested here is for general information ONLY and not to be construed as a legal advice. Further, the Q & A does not establish an attorney-client relationship with Delicino & Vialtsin, LLP. Anton Vialtsin Google+