What is the full range of offenses covered by Proposition 36? Who is excluded?
Beginning July 1, 2001, Prop. 36 generally applies to three classes of people: 1) those with new convictions for drug possession or being under the influence, 2) persons on probation for drug possession or under-the-influence offenses, and 3) persons on parole with no prior convictions for a serious or violent felony. New convictions: People with new convictions for drug offenses qualify for treatment provided that they are not convicted of sale or manufacture or any non-drug crimes at the same time. Offenders are excluded if they have a prior conviction for a serious or violent felony (a “strike”), unless they have served their prison time and have been out of prison for five years with no felony convictions or misdemeanor convictions involving the threat of violence. Finally, individual offenders may “opt-out” of treatment by formally refusing it, in which case they face sentencing under pre-existing law. Persons on probation: Once Prop. 36 takes effect, its probation-violation proce
