Prop 36 and How it can help you.
Prop 36 is an important consideration when you are facing non-violent drug charges. Although it does not eliminate the need for bail you should understand the impact on your case. The Substance Abuse and Crime Prevention Act, known as Proposition 36, was passed by a strong majority of California voters in 2000. The act allows nonviolent drug possession offenders the chance to get substance abuse treatment instead of jail time. Proposition 36 took effect in July 2001, with $120 million for treatment services covering the first five years of the program. 10 years later, the success of the program is evident with over 36,000 Californians entering treatment annually through Prop 36. Although funding has become a problem, the optimal yearly budget is over $200 million, the impact of the program is important when you are faced with non-violent drug charges.
How Prop 36 works.
You must qualify to enter the program and meet certain restrictions. Most importantly it applies to First or Second time non-violent drug offenders. The conviction cannot come from charges related to sales or manufacturing drugs and there cannot be non-drug crimes at the same time. Those convicted on violent felony charges are excluded as well unless time has been served and the offender has been out of prison for five years with no other violent misdemeanor or felony convictions. Offenders have the option to refuse treatment, which means they would face jail time per the sentencing guidelines.
Prop. 36 takes effect after a person has been convicted for drug related charges. As part of the sentence, the judge places the person on probation and imposes a treatment program for completion, which can run from a few weeks to a full year. The offender is ordered to enter a treatment program based on their history of drug use and particular needs. Generally they must meet with a treatment counselor to determine which particular program will help them the most.
Each case is unique and the judge can set a wide range of conditions on probation to make sure the individual is following through with treatment. This can include simply checking in for regular court appearances, paying a percentage of the treatment cost or for more stringent monitoring, the judge can require regular drug testing and controlling where the person lives, sleeps, works and interacts with others.
As they go through their treatment program, the treatment provider gives regular progress reports to the court. If the offender fails to register for a program, or fails to attend treatment classes, they fail to meet the conditions of probation and risk having their probation revoked.
At the conclusion of the treatment program, if the offender has completed all the requirements of the program, they can petition the judge in their case to dismiss the charges against them. If the judge determines that treatment was a success, the charges can be dismissed. This is an important part of the program because it means the offender doesn’t have to report the conviction when applying for most jobs and other applications where a conviction is generally required to be reported. The value of the program comes from this important point. Instead of penalizing offenders with jail time and a negative mark for years after the incident, individuals are treated for drug use and move on with their lives.
