California's Proposition 36 is an alternative sentencing option available to what California law terms "nonviolent drug possession" offenders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows certain nonviolent drug offenders in Los Angeles and throughout the state to receive substance abuse treatment instead of going to jail or prison.
Passed by 61% of California voters in 2000, Proposition 36 is an attempt by the state of California to address a growing drug problem and relieve overcrowding of the state's prison system. Supporters say the alternative sentencing option offers hope of recovery to individuals who suffer from the disease of drug addiction. They also point out that treatment generally costs the state far less than a quarter of the $25,000 annual per inmate cost of incarceration, depending on whether residential or outpatient treatment is required.
Proposition 36 changed California's state law to allow first- and second-time nonviolent, simple drug possession offenders the opportunity to obtain drug abuse treatment instead of being incarcerated. Experienced Los Angeles criminal defense attorney Stephen Rodriguez explains that "nonviolent drug possession" includes possession or transportation of any controlled substance for personal use or being under the influence of a controlled substance in violation of California's Health & Safety Code Section 11550. Proposition 36 provides qualifying drug offenders with substance abuse treatment for up to 12 months with a possible additional six months of "aftercare," relapse-prevention outpatient services. When the defendant successfully completes the required drug treatment program, his conviction is set aside, the indictment dismissed and the arrest is expunged. This allows the individual to lawfully state on employment, loan and housing applications that he was not arrested or convicted for that particular incident.
Proposition 36 is just one of several alternative sentencing options available to nonviolent drug possession offenders in California, notes Los Angeles criminal defense attorney Stephen Rodriguez. If you are arrested on a drug charge, contact the skilled criminal defense attorneys at Rodriguez, Lewis & Kahn to see if you qualify for alternative sentencing under California law.
