California’s justice system has gone through significant changes over the years. One of the most talked-about reforms is Prop 36 California, a law designed to help people facing non-violent drug and theft charges get treatment instead of going to jail.
For individuals facing charges for a low-level offense, this law may provide a critical opportunity to protect records and access treatment instead of incarceration.
What Is Proposition 36 in California?
Prop 36 California, also called the Substance Abuse and Crime Prevention Act, was passed in 2000 to give non-violent offenders a second chance. Eligible individuals who are sentenced to serve time for a low-level crime have the option to receive court supervised drug treatment as an alternative to serving time in county jail or state prison.
The ultimate objective of Prop 36 California is to decrease crime by using a rehabilitative approach rather than punishment. It addresses the issue of substance abuse and mental health, being the leading cause of many crimes.
Therefore, instead of continually recycling offenders back into the system, they are given an opportunity to participate in programs, which educate them how to manage problems and rebuild their lives.
Someone convicted under Prop 36 California might be ordered to complete up to one year in a treatment program, followed by a period of probation. If the person successfully completes treatment, the conviction can often be dismissed, keeping it off their permanent record.
Who Qualifies for Prop 36?
Eligibility under Prop 36 California is based on the type of committed crime and any prior convictions. It is primarily for those convicted of non-violent drug crimes, such as possession of a controlled substance or driving while intoxicated.
You may be eligible if:
- You are accused of a non-violent drug offense.
- You do not have any recent convictions of violent or serious felonies.
- You did not refuse prior court ordered drug treatment.
There are some exclusions from eligibility – i.e., if you are charged with selling drugs, you have been convicted of a felony involving a weapon, or you have serious recent violent convictions.
Ultimately, it will be up to the discretion of the judge. If you have had problems with ignoring the treatment requirements or have had several probation violations, the court can deny you Prop 36 sentencing.
For many individuals charged with drug-related offenses, Prop 36 provides an opportunity to pursue recovery rather than spending years incarcerated.
Prop 36 and Theft or Property Crimes
While Prop 36 mainly focuses on drug crimes, it can sometimes cover related property crimes, especially when they are tied to substance abuse.
Many people charged with retail theft or petty theft commit these acts to support an addiction. When that is the case, California Proposition 36 allows courts to consider treatment rather than automatic punishment.
An example of this is a person arrested for shoplifting small items to purchase drugs. If the court finds that the person’s addiction contributed to the offense, the individual may be eligible for Prop 36 and therefore not go to county jail but participate in counseling and rehabilitation programs. These programs will help the individual break the cycle of addiction and theft.
This is why having a Los Angeles theft crimes lawyer could be a significant advantage. Your lawyer can demonstrate how your case is connected to addiction, allowing treatment instead of jail time. 
Prop 36 Violations and Non-Compliance
Although California Prop 36 offers a second chance, participants are required to adhere to very specific rules. Failure to comply with the requirements may result in the revocation of the participant’s Proposition 36 status by the court.
The most common ways of losing the status include:
- The court issues a warning or requires the participant to restart the treatment program.
- Depending on the severity of the violation(s), the court may order the participant to serve the remainder of the original county jail or state prison sentence.
On the other hand, most courts take a “second-chance” approach when considering whether to remove an individual from Proposition 36.
Most judges provide a minimum of two (and sometimes three) opportunities to comply with the program requirements prior to removing an individual from the program. The condition is that the district attorney and public defender agree that additional help is necessary rather than additional punishment.
However, repeated failure to comply with the requirements could potentially result in serving the full term of the original sentence in jail.
Key Differences Between Prop 36 and Other Diversion Programs
California has several programs aimed at criminal justice reform, but Prop 36 California stands out because it is available even after conviction. Other diversion options, like drug courts or pretrial diversion, usually happen before someone pleads guilty.
This is how Prop 36 differs:
- Timing – This program is available after entering a guilty plea or after being convicted of a crime.
- Purpose – The primary focus of this program is to provide treatment to individuals who were convicted of a felony that involved drugs, as well as individuals convicted of misdemeanor drug crimes.
- Length – Individuals participating in this program will generally be required to participate in treatment for a year, followed by 1-2 years of supervised probation.
- Success – If an individual successfully completes treatment and meets all requirements of supervision while on probation, charges may be dismissed.
Since California Proposition 36 focuses on the rehabilitation of an individual, it generally works well for individuals who are willing to make lasting life changing decisions. By committing to recovery, individuals are less likely to encounter additional legal issues related to drug offenses.
Final Insights on Proposition 36
California’s Prop 36 is an example of how the justice system can positively impact society by shifting its focus from punishment to recovery and rehabilitation for those struggling with addiction and committing drug and theft crimes.
By giving an opportunity to rehabilitation, individuals can rebuild their lives, and at the same time, create safer communities for all citizens of California.
If you are charged with a crime that has been classified as a drug or theft offense, it would be in your best interest to hire a knowledgeable and experienced criminal defense attorney who understands the benefits of using Prop 36 as a possible legal sentencing alternative.
This could result in avoiding years in jail or prison, receiving necessary treatment for your addiction, and starting fresh with a clean slate.
References
- (n.d.). 2000 California Proposition 36.
- Legislative Analyst’s Office. (2000). Proposition 36 — Drug Treatment Diversion Program.
- Santa Cruz County Grand Jury. (2003). Criminal Justice – Prop 36 (final).
- National Center for Biotechnology Information. (2014). Impact of California’s Proposition 36 on the Drug Treatment and Criminal Justice Systems.
- Public Policy Institute of California. (n.d.). Early implementation of Prop 36 varies widely across counties.
- Riverside County Office of Drug & Alcohol (RivCODA). (n.d.). Prop 36.