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Proposition 36(Treatment not Punishment for Drug Offenders)
Placement in a Prop 36 program can offer a lot to a person. California Penal Code section 1210.1 provides: "(a) Notwithstanding any other provision of law, and except as provided for in subdivision (b), any person convicted of a non-violent drug possession offense shall receive probation.

As a condition of probation, the court shall require participation in and completion of an appropriate drug treatment program. The court may also impose, as a condition of probation, vocational training, family counseling, literacy training and/or community service. A court may not impose incarceration as an additional conditions of probation."

As you can see, besides drug treatment, you can receive additional services that will hopefully set you on a course that will never bring you back into our criminal justice system. That initiative, however, is up to you.

After successfully completing your drug treatment plan, you can petition the court for dismissal of the charges and expungement of the arrest records (there are exceptions that may apply - ask your attorney!). The dismissal of the charges means you can say you were never convicted of the offense, and expungement of arrest records gives you the legal right to say you were never arrested (again, look for the exceptions!). See Penal Code section 1210.1(d) for additional information.

2007-01-06 15:27:54 · answer #1 · answered by Akkita 6 · 0 0

I dont think so. The drug rehab will test you throughout the program, and after you get your certificate from the rehab you show that to the judge. I dont think the court will actually test you.

2007-01-06 16:49:44 · answer #2 · answered by ►►BLOGGER◄◄ 5 · 0 0

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