Opinions in blog posts are the sole opinions of the author and do not reflect the views or opinions of 1. Proposition 36 Proposition 36, also called The Substance Abuse and Crime Prevention Act, is a California law that views marijuana possession as a public health issue rather than a criminal issue for those individuals who are willing to accept treatment. Although this alternative sentencing option allows an individual to participate in a drug treatment program instead of suffering a jail or prison sentence, there are certain eligibility requirements that must be met as well as some disadvantages to serving this type of alternative sentence.
So she is charged with possession of marijuana for sale. Because this is not a nonviolent drug possession offense, Chloe will not be eligible for Proposition 36 drug treatment in lieu of a normal sentence.
Convictions involving possession of drugs while incarcerated are also exempted from Prop 36 eligibility. Additional crimes exempted from Prop 36 Courts have additionally held that the following crimes do not qualify for California Proposition 36 sentencing, as their activities go beyond simple "possession, use The issue of proposition 36 personal transportation": Additional restrictions on eligibility Even if your offense qualifies for Prop 36 drug treatment, you must qualify as well.
Specifically, there are five factors that could disqualify you from Prop 36 eligibility. Dan is convicted of robbery -a strike under California Three Strikes Law-in He goes to prison and is released in Inhe gets arrested for possession of cocaine.
Because he picked up the new drug case less than 5 years after his release from prison on the strike, he is ineligible for Proposition It refers to a misdemeanor that does not involve a the simple possession or use of drugs or drug paraphernalia, b being present where drugs are used, c failing to register as a drug offender, or d any activity similar to a simple use or personal possession offense.
Courts have reasoned that because an offense like DUID necessarily involves danger to others, it is more akin to a drug "sales" offense If you have two separate convictions for nonviolent drug possession offenses, and a were sentenced under Prop 36 for both of those offenses, and b the judge believes that you are unamenable to that is, unable to benefit from any further drug treatment, you are not only ineligible to participate in another round of Prop 36 sentencing but will also be required to serve a minimum of thirty 30 days in jail.
The nice thing about Proposition 36 is that if you qualify for it, you can do the program even if you get convicted at trial.
That is, you can take the drug case all the way to trial and shoot for an acquittal. If you get found "not guilty," the case is over. But even if you get convicted, you can still do Prop 36 rather than going to jail.
Probation in a California Prop 36 Case In order to receive a Prop 36 sentence, you must plead guilty or nolo contendere "no contest" to a nonviolent drug possession charge, be convicted of such an offense following a judge "bench" or California jury trialor be a parolee that is, a person who has been released from the California state prison on parole and However, the court is prohibited from imposing any period of incarceration as a condition of probation Violations of probation or parole If you violate the terms of your probation or parole, there are a number of different consequences that the judge may impose, depending on the exact violation.
If you are unamenable to treatment If your drug treatment provider believes that you are unable to benefit from any form of drug treatment, the probation department or parole board may move to revoke your probation or parole. If you violate the terms of your probation or parole If you violate the terms of your probation or parole, the court must still allow you to participate in Prop 36 sentencing under most conditions.
With respect to offenses other than nonviolent drug possession offenses The judge may also choose to impose a maximum day jail sentence as a penalty designed to encourage your future compliance with drug treatment.
Kurt is on probation and in a Prop 36 drug treatment program after a conviction for being under the influence of drugs. While on probation, he hits an unoccupied car with his car and flees the scene.
This leads to him being arrested for California misdemeanor hit and run law. Because Kurt has committed an offense that is not a nonviolent drug possession offense, a judge will take up his case and decide whether to alter the terms of his probation.
While the judge is deciding, Kurt may be incarcerated for up to thirty 30 days. And if the judge decides not to reinstate his Prop 36 sentencing, Kurt may have to serve time for his conviction for being under the influence And with respect to nonviolent drug related possession offenses If you violate probation or parole by committing a nonviolent drug possession offense, committing a misdemeanor related either to using drugs or to possessing drugs or drug paraphernaliabeing in an area where drugs are used, failing to register as a drug offender, or violating a drug-related condition of probation which includes conditions regarding drug treatment, employment, vocational training, and counselingthe court will conduct a hearing to determine whether it should revoke probation or parole.
The court must revoke probation or parole if the state proves by a preponderance of the evidence that is, that it is more likely than not that you are a danger to society. And if the violation was based on recent drug use, the judge may order you to enter a residential treatment facility or However, with a second violation, the court will revoke probation or parole if the state proves that the defendant is either a danger to society, or unamenable to treatment.
However, under these circumstances, the court will render you ineligible to continue under Prop 36 unless it believes that you are not a danger to society, and you would benefit from further treatment.
Successful Completion of Drug Treatment 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 treatmentVOTERS MIGHT HAVE expected more from Proposition 36's authors, some of the same folks who put together the wildly successful medical marijuana initiative of , Proposition If passed, Proposition 36, which is backed by the same deep-pocket trio that financed Proposition George Soros, Peter Lewis and John Sperling, would reduce the state's prison population, saving taxpayers an annual .
Berkeley Journal of Criminal Law Volume 9|Issue 1 Article 3 California's Proposition 36 and the War on Drugs Christine Watson Link to publisher version (DOI). Before Proposition 36, people in California did not have the option of treatment before they faced jail or prison sentences for simple drug possession.
The turnaround in California’s drug policy came when a measure appeared on the ballot in November The measure was called Proposition The Substance Abuse and Crime Prevention Act.
In November, voters approved Proposition 36, the "Substance Abuse and Crime Prevention Act of " The measure makes significant changes to the state's criminal justice and drug treatment systems. Implementing Proposition 36 will pose challenges to the state and counties, some of which may require assistance and action of the Legislature.
Proposition 36 more commonly referred to as "Prop 36" is a criminal sentencing initiative that was passed by California voters on November 7, Prop 36 requires that eligible non-violent drug offenders serve their time in a drug treatment program instead of in jail or iridis-photo-restoration.com: Carli Acevedo.
Proposition 36 Issue Are the funds received by San Mateo County from Proposition 36, the Substance Abuse and Crime Prevention Act producing substantial, effective results?