Who is eligible for drug treatment within the criminal justice system under Proposition 36?
This may be a simple question, but, unfortunately, it results in a very complicated answer. The easiest answer is that most of those persons arrested for drug related offenses may be eligible for Prop. 36 treatment. However, there are so many variables to the answer that it would be impossible to quickly answer this question here. Nevertheless, any person appointed to the Public Defender Office who potentially qualifies for Prop. 36 treatment is so advised. The assigned attorney to the client will carefully explain all of the requirements for Prop. 36. And, if Prop. 36 is an available alternative, the attorney will explain the benefits that attach to the successful completion of Prop. 36 treatment.
There are a variety of ways to get drug treatment when a person is charged with a crime. There are drug courts, in which people who are addicted to drugs can enroll in an intensive drug treatment program, without having to plead guilty or go to trial. Successful completion of such programs results in dismissal of the case. Proposition 36 requires the state to offer drug treatment instead of incarceration if a person is convicted of certain drug possession offenses or drug use offenses. Under some circumstances, a person who is convicted of certain crimes and is addicted to drugs can be committed to the California Rehabilitation Center (CRC) for drug treatment.
There are a variety of ways to get drug treatment when a person is charged with a crime. Los Angeles County has drug courts, in which people who are addicted to drugs can enroll in an intensive drug treatment program, without having to plead guilty or go to trial. Successful completion of such programs results in dismissal of the case. Proposition 36 requires the state to offer drug treatment instead of incarceration if a person is convicted of certain drug possession offenses or drug use offenses. Under some circumstances, a person who is convicted of certain crimes and is addicted to drugs can be committed to the California Rehabilitation Center (CRC) for drug treatment.
