March 4, 2009 By Wallin & Klarich

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 for more information.

Contact Us
  •   17592 Irvine Blvd,
      Tustin, CA 92780
  •   (714) 730-5300
  •   (888) 280-6839
SCHEDULE YOUR free consultation

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2024 Wallin & Klarich - All rights reserved

California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.