What if an offender is caught before July 1?
Prop. 36 is not retroactive, and therefore, generally Prop. 36 will not apply to offenses before its effective date. However, the date of conviction or sentencing, not the date of arrest, determines a person’s eligibility. Therefore, a person arrested on June 15, 2001, but convicted or sentenced after July 1, would be eligible for treatment. Some persons whose offenses predate the initiative will still be affected by the new law. See the sections below on probation and parole violations.
