What options and tools do judges really have?
Judges have a great deal of flexibility to handle each drug offender differently under Prop. 36. The range of treatment options may vary from county to county, along with caseloads in each program. The judge can set any range of probation conditions, from the relatively modest requirement that the defendant not be re-arrested during the probation period, through the other extreme – heavy monitoring by the court and probation department, along with regular drug testing. If there is a probation violation, the judge can respond in several ways. The judge can impose sanctions, change the person’s required treatment program, tighten probation conditions, or even revoke probation and drop the person out of Prop. 36 treatment entirely. Defendants who hope to have their drug charges dismissed will need to impress the judge with their compliance with the court’s orders, because, after completing treatment, the defendant must apply to the sentencing judge to receive that benefit. This dynamic en
