What happens if an offender violates probation granted under Prop. 36?
Prop. 36 defines two kinds of probation violations: drug-related violations such as relapse, and non-drug-related violations. A person whose violation is not directly related to drug use – such as failure to check in with a probation officer, or defiance of other conditions – can have probation terminated at once and can be incarcerated for one to three years. For drug-related violations, Prop. 36 spells out a process in which the consequences vary based on the severity and number of violations. For the first violation, the most common consequence will be that the court will order the person into a more restrictive treatment program. If, however, the court finds that the person is “a danger to the safety of others,” that person can have probation revoked immediately. Upon a second violation, the court again has the option of transferring the offender to a more rigorous treatment program. But the court may also revoke probation using a simpler standard – that the defendant has proved to
