Who is eligible for diversion to drug treatment? Who is not?
The initiative creates an expert committee from within the Drug Sentencing Commission to develop the treatment diversion program in Section 25. The committees final plan must be approved by the full commission. The initiative sets up the eligibility criteria as follows: Always eligible: First- or second-time offenders charged with illegal drug possession for personal use and no other distinct crimes. A person can request treatment at any time from arrest and arraignment through conviction and sentencing. Never eligible: A person convicted of, or with pending charges for, trafficking, manufacturing or distributing illegal drugs; a person who committed a violent felony within the previous five years or was in prison for committing a violent crime; or a person caught driving under the influence of alcohol or illegal drugs. Eligible only with the courts approval: A repeat drug offender, meaning a person with two or more drug charges after enactment of this measure; or a person caught commi
