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The Power of Prop 36: Are you Eligible? Part One

By Walin & Klarich

In this article and one to follow, the Substance Abuse and Crime Prevention Act of 2000, also known as Prop 36, will be discussed. This complex and most interesting proposition requires that eligible people convicted of nonviolent drug possession offenses in California be sentenced to probation and narcotics treatment instead of incarceration. In a Nutshell Prop 36 is codified under Penal Code Section 1210. The law provides that a defendant convicted of a ?nonviolent drug possession offense? must receive probation instead of incarceration. The court must order that the defendant participate in and complete a drug treatment program at least 12 months in length. If a defendant violates his or her Prop 36 probation, the determination of whether to impose a regular sentence depends on whether the violation is drug-related and whether it is the defendant?s first, second, or third violation...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 03, 2009 (boomark / email).