Home » Law and Legal Articles » California Proposition 36: Treatment Not Jail
California Proposition 36: Treatment Not Jail
California's proposition 36 law allows first and second-time drug possession offenses to receive treatment instead of mandatory jail time.
September 04, 2011 /Law and Legal PR News/ -- California Proposition 36: Treatment Not Jail
California's "Substance Abuse and Crime Prevention Act," otherwise known as Proposition 36, became effective in 2001 after Californians voted to change the existing law so that defendants charged with first- and second-time drug possession offenses would receive treatment instead of jail time upon conviction. The law is limited to nonviolent offenders accused solely of drug possession.
Under the Act, upon a first or second conviction for simple drug possession, it is mandatory that judges order these defendants to a term of probation that includes drug treatment. Treatment programs may last up to a year, including up to six months of aftercare services. The court may also impose additional terms of probation, including restrictions concerning where the offender can live; require court appearances to check up on compliance; and order the offender to pay for the cost of treatment, to name a few.
If an offender does not comply with the conditions of probation, and the violation is unrelated to the defendant's drug use, the court may immediately revoke probation and impose a sentence of between one and three years. If an offender violates probation by suffering a drug relapse, the court's actions will depend upon the number and severity of those violations. The Act sets out the possible revocation actions the judge may take in these cases, ranging from further restriction of the conditions of probation to a complete probation revocation.
At the end of the ordered term of drug treatment, the offender can move to have the drug conviction set aside by petitioning the court. If he has successfully completed his treatment and complied with the terms of probation, the conviction will be set aside, ultimately allowing simple drug offenders to receive treatment they would not receive if jailed, while saving the taxpayer the cost of incarceration.
It seems many people agree that this is a better solution. A survey by the Open Society Institute found that 63 percent of Americans do not think the criminal justice system offers the best solution for the handling of people suffering from drug addiction, believing instead that those addicted to drugs are better served with treatment. Additionally, the proponents of laws that allow treatment instead of incarceration for minor drug offenses view the issue as a public health issue, as well as a financial one, because policies that allow for treatment as opposed to incarceration save states millions of dollars and are proven to be more effective in combating the underlying problem of drug abuse.
Article provided by David Lehr
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