Proposition 36 (treatment for drug offenders) applies to defendants whose probation is revoked after the July 1, 2001, the effective date of the act, for conduct occurring before the effective date. A defendants pre-act violations of probation must be considered in determining whether the defendant is eligible for further probation. Thus the court could consider appellants failures at rehabilitation occurring before the acts effective date in determining whether appellant had failed twice before at rehabilitation, thus making him ineligible for further Proposition 36 treatment.
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