2007-07-27 00:45:03 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
California Health and Safety Code 11550
11550. (a) No person shall use, or be under the influence of any controlled substance which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), (21), (22), or (23) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (1) or (2) of subdivision (d) or in paragraph (3) of subdivision (e) of Section 11055, or (2) a narcotic drug classified in Schedule III, IV, or V, except when administered
by or under the direction of a person licensed by the state to
dispense, prescribe, or administer controlled substances. It shall be the burden of the defense to show that it comes within the exception.
Any person convicted of violating this subdivision is guilty of a misdemeanor and shall be sentenced to serve a term of not less than 90 days or more than one year in the county jail. The court may place a person convicted under this subdivision on probation for a period not to exceed five years and, except as provided in subdivision (c), shall in all cases in which probation is granted require, as a condition thereof, that the person be confined in the county jail for at least 90 days. Other than as provided by subdivision (c), in no event shall the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in the county jail.
(b) Any person who (1) is convicted of violating subdivision (a) when the offense occurred within seven years of that person being convicted of two or more separate violations of that subdivision, and
(2) refuses to complete a licensed drug rehabilitation program offered by the court pursuant to subdivision (c), shall be punished by imprisonment in the county jail for not less than 180 days nor more than one year. In no event does the court have the power to absolve a person convicted of a violation of subdivision (a) that is punishable under this subdivision from the obligation of spending at least 180 days in confinement in the county jail unless there are no licensed drug rehabilitation programs reasonably available.
For the purpose of this section, a drug rehabilitation program shall not be considered reasonably available unless the person is required to pay no more than the court determines that he or she is reasonably able to pay, in order to participate in the program.
(c) The court may, when it would be in the interest of justice, permit any person convicted of a violation of subdivision (a)
punishable under subdivision (a) or (b) to complete a licensed drug rehabilitation program in lieu of part or all of the imprisonment in the county jail. As a condition of sentencing, the court may require the offender to pay all or a portion of the drug rehabilitation program.
In order to alleviate jail overcrowding and to provide recidivist offenders with a reasonable opportunity to seek rehabilitation pursuant to this subdivision, counties are encouraged to include provisions to augment licensed drug rehabilitation programs in their substance abuse proposals and applications submitted to the state for federal and state drug abuse funds.
(d) In addition to any fine assessed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(e) Notwithstanding subdivisions (a) and (b) or any other
provision of law, any person who is unlawfully under the influence of cocaine, cocaine base, heroin, methamphetamine, or phencyclidine while in the immediate personal possession of a loaded, operable firearm is guilty of a public offense punishable by imprisonment in county jail for not exceeding one year or in state prison.
As used in this subdivision "immediate personal possession" includes, but is not limited to, the interior passenger compartment of a motor vehicle.
(f) Every person who violates subdivision (e) is punishable upon the second and each subsequent conviction by imprisonment in the state prison for two, three, or four years.
(g) Nothing in this section prevents diversion of a person under Chapter 2.5 (commencing with Section 1000) of Title 6 of Part 2 of the Penal Code unless the person is charged with violating subdivision (b) or (c) of Section 243 of the Penal Code. A person charged with violating this section by being under the influence of any controlled substance which is specified in paragraph (21), (22), or (23) of subdivision (d) of Section 11054 or in paragraph (3) of subdivision (e) of Section 11055 and with violating either subdivision (b) or (c) of Section 243 of the Penal Code or with a violation of subdivision (e) shall be ineligible for diversion.
2007-07-27 02:32:56 · answer #1 · answered by KC V ™ 7 · 3⤊ 2⤋
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2016-06-11 05:01:34 · answer #2 · answered by ? 4 · 0⤊ 0⤋
The cops write you up on a 23807 . You get a 88090 in the mail telling you to submit a 25912 to the courts , accompanied by a 77344 for verification purposes .
Any previous 29417`s are checked and recorded before your 38195 disposition . Assuming there are no 15833`s on your 55488 sheet , the judge has two options .
He can instigate a 64301 against you , or , if this is your first 44831 , you could be discharged on a 99146 undertaking . You have to remember that all 48237`s and 39506`s remain on your 77038 sheet .
If you`re ever written up for a 11550 , or 30926 , your 71396 can be added to your 88173 .
2007-07-27 01:03:36 · answer #3 · answered by Anonymous · 7⤊ 0⤋
There is a very vague question, I assume that is the penal code number in your state.
2007-07-27 00:54:32 · answer #4 · answered by Anonymous · 2⤊ 0⤋
we might know if you tell us what a 11550 is
2007-07-30 15:48:38 · answer #5 · answered by luciousgreeneyedlady 5 · 0⤊ 0⤋
What's 11550?
2007-07-27 00:49:18 · answer #6 · answered by Rocketmaniac 7 · 1⤊ 2⤋
Gotta love some of these peoples questions.
Please be more clear, OK?
What did you do?
2007-07-27 01:38:01 · answer #7 · answered by Anonymous · 2⤊ 0⤋
What do you mine by all that?
2007-07-27 00:56:00 · answer #8 · answered by JustAsking 5 · 2⤊ 0⤋