Proposition 36: How It Works

Proposition 36: How it Works – www.shouselaw.com 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 …

cops can't beat the curse

Filed under: drug treatment programs in prison

Advocates of legalisation have promoted a myth that making drugs legal would reduce the prison population when in fact, high incarceration rates were the result of mandatory sentencing and long prison terms under the three-strikes policies in many …
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