Drug Treatment

The trial court revoked defendant's probation under Proposition 36 for the first time for failing to complete her drug treatment program and for failing to keep an appointment with her probation officer, without making a finding that defendant posed a…

Appellant was granted probation for his drug offenses, pursuant to Proposition 36, but left the country, failing to report to probation or the drug treatment center. He did not report to either upon his return to the United States, and…

Where the defendant, who is otherwise eligible for Proposition 36 treatment, is an illegal alien who faces a substantial likelihood of being deported so as to prevent completion of a drug treatment program, the trial court does not abuse its…

As Proposition 36 treatment (Pen. Code, secs. 1210, 1210.1, 3063.1) is mandated for qualifying defendants, its application is not waived on appeal the failure to seek it at the trial court level. However, Proposition 36 only applies when the underlying…

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 defendant’s pre-act violations of probation must be considered…

A conviction for driving under the influence of drugs or alcohol (Veh. Code, sec. 23152, subd. (a)) before Proposition 36’s effective date (7/1/01) and which was used, after 7/1/01, to revoke his earlier grant of probation was a "non-qualifying" Proposition…

When a nonviolent drug offender only twice violates his drug-related conditions of probation, the court doesn’t have discretion to impose jail time. Here appellant pled guilty to felony possession of cocaine and was placed on probation with certain conditions. Two…