What do you have to do when you are on prop 36?

Answer 1

Prop. 36 takes effect when a person has been convicted of a drug possession or under-the-influence offense. Instead of ordering jail time, the judge must place that person on probation and require completion of a drug treatment program lasting up to one year. Many counties will use treatment professionals to interview and screen, or "assess," each drug offender to match individuals with treatment programs that are appropriate to their drug use history and treatment needs.

The judge may set any range of conditions of probation to monitor the offender's progress. These may include regular check-ins with a probation officer or court appearances, a requirement to pay a share of treatment costs, drug testing and other restrictions on the person's place of residence, associations, or lifestyle.

If the offender violates any of the court's conditions, he or she faces the risk of having probation violated or revoked. Otherwise, the treatment provider selected by the court will provide regular progress reports through the required course of treatment.

At the end of the required treatment regimen, the offender may petition the court to dismiss the drug charges. If the court finds that the person complied with the probation conditions and that treatment was "successful," charges may be dismissed, and the defendant will be obliged to disclose the fact that he or she was arrested only in certain specified circumstances.