For certain types of non-violent drug offenses, a person may be eligible to participate in a drug treatment program such as PC1000 (commonly referred to as drug diversion, PC 1210 (commonly known as Prop. 36) or drug court.
- PC 1000 applies to a person accused of possession, being under the influence, or other specific drug violations listed in PC 1000 (a). To be eligible for PC 1000 the person can not have any prior drug convictions, can not have violence involved in current drug case, can not have record that shows probation or parole revoked without being completed, can not have been in PC1000 within 5 years prior to the
current drug case, can not have prior felony conviction(s) within 5 years of current drug case.
In PC 1000, the person is required to plead guilty before being granted PC 1000. The judge does not sentence the person after the guilty plea but allow the person to complete a drug program under PC 1000. If the person successfully completes the drug program, the person is allowed to withdraw his or her guilty plea. If the person fails to complete PC 1000, he or she will be sentenced. PC 1000 is no less than 18 months but no longer than 3 years. PC 1000 requires drug testing.
If the person successfully completes PC 1000 then the arrest shall be deemed to have never occurred and the person may indicate that he or she was not arrested or granted PC 1000 except when applying for a position as a peace officer. A record with an arrest resulting in successful completion of PC1000 shall not, without the person’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.
- Prop. 36 applies to any person convicted of a nonviolent drug possession offense. Nonviolent drug possession offense does not include possession for sale, production, or manufacturing of any controlled
drugs and does not include unauthorized possession of drugs while in jail. Prop. 36 does not apply to :
- a person that has one or more “strikes” unless the current nonviolent drug offense occurred after 5 years
in which the person remained free of both prison custody and the commission of a felony, other than a nonviolent drug possession offense, or misdemeanor involving physical injury or threat of physical injury
- a person who in addition to nonviolent drug possession offenses has been convicted in same proceeding
to misdemeanor not related to the use of drugs or to any felony
- a person while armed with a deadly weapon with intent to use as a deadly weapon, unlawfully possess or under the influence of any controlled drugs
- a person who refuses drug treatment as a condition of probation
- a person who has two separate convictions for nonviolent drug possession offenses, has participated in
two separate courses of drug treatment pursuant to Prop. 36 and is found by the court to be not agreeable
to drug treatment
A person is allowed to violate probation under Prop. 36 two times if the violations are drug-related, and the person will be allowed to continue Prop. 36 unless the person is a danger to the safety of others or is not agreeable to drug treatment (for second violations). For a third or subsequent drug-related violation the person is no longer eligible for Prop. 36 unless the court determines that the person is not a danger to the community and would benefit from drug treatment. If the person at anytime violates probation under Prop. 36 for anything non-drug related then the court may reinstate, modify, or revoke probation. If the person is no longer eligible or entitled to Prop. 36, then the person will be sentenced to whatever sentencing statutes are relevant.
Drug treatment services under Prop. 36 is usually 12 months but shall not exceed 24 months. Drug testing is required.
If the person successfully completes Prop. 36 and substantially complies with the conditions of probation, the case shall be dismissed, and both arrest and the conviction shall be deemed never to have occurred. The person may indicated that he or she was not arrested or convicted of the offense except in response to applications for public office, position as a peace officer, licensure by any state or local agency, contracting with the California State Lottery, or purposes of serving on a jury. Except as indicated above, a record of an arrest or conviction resulting in successful completion of a drug treatment program under Prop. 36 may not, without the person’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate. Dismissal of the case under Prop. 36 does not permit a person to own or possess any firearm.
- Drug Court may apply to a person with a felony nonviolent drug offense conviction not including possession for sale, transportation, manufacturing, or production of a controlled drug. The person can not have any violence, including arrests for any violence, in his or her criminal record. The person will be evaluated by the drug court team to see if the person qualifies for Drug Court.
Drug Court is an intensive drug treatment program. The program is a minimum of 18 months but can be much longer. There is no cut off time limit for Drug Court.
For probation violations, the person may be subject to custody time, community service, work programs, as well as more intensive drug treatment.
If the person successfully completes Drug Count and graduates, his or her case will be dismissed.