If I am eligible for both Penal Code 1000 and Proposition 36 drug diversion, which is preferred?
Penal Code 1000 is more time-consuming and intensive than the treatment mandated by Proposition 36. Treatment under Penal Code 1000 can last up to three years, with a minimum of eighteen months. On the other hand, the maximum treatment period under Proposition 36 is twelve months, with the possibility of aftercare for six more months.
Under Penal Code 1000, the prosecutors and probation officers have great discretion in deciding whether to terminate a defendant from drug diversion. Both the prosecutors and probation officers can initiate termination, if in their judgment; the defendant is not performing satisfactorily.
Revocation under Proposition 36 requires notification by the treatment provider to the probation department that the defendant is not fit for treatment.
For a free consultation to discuss your drug offense or eligibility for drug treatment please call us at (888) 280-6839. Our Southern California drug crime defense attorneys are available 24 hours a day, seven days a week to answer any of your questions. You can also visit us at www.wklaw.com for more information.