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

 

Delegate Mike Manypenny and Stephen N. Smith: Prison reform should go further

Filed under: drug treatment programs in prison

Or it could help dramatically reduce the 6-month waiting lists for substance abuse treatment, so that addicts are getting help instead of getting arrested. The prison reform report presented by the Justice Center last month is a good start. But in the …
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Topics to consider in the legislative session

Filed under: drug treatment programs in prison

With an estimated four-fifths of all inmates, prisons and jails alike, behind bars for some drug violation, Arvon says a long-term substance treatment facility is a better approach than erecting a $ 200 million prison to house criminals. “Sentence them …
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