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First violation and CASC put me on level three

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rkoenigs

Junior Member
What is the name of your state (only U.S. law)? California prop 36. I was placed on prop 36 at (LAX) Airport court in Sept of 2011. My first day to assigned OP treatment they tested me. It was dirty, Due to Los Angeles Traffic and 405 construction I got stuck in grid lock traffic and received a absence.(second strike) Few weeks later I again had a dirty test.(third strike) first If a drug addict walks off the street to his first meeting and they right away test, they should expect a dirty or the client wouldn't need their treatment. Testing should start the second week of treatment in my opinion. Second, If circumstances of proven car trouble, traffic grid lock, makes a client late they should have the opportunity to a make up group within a certain period of time before getting a strike. California Graduate Treatment Center did not inform me of any of this until the day they discharged me.
My Court date was set for January 10, 2012 for a progress report. My fault, but forgot the date and a bench warrant was issued. When I was cleaning my VAN I found the return to court slip and noticed I had missed my court date. I went to LAX court and turned myself over and was reinstated to prop 36 on January 27, 2012. I followed instructions and made appointment to my CASC. I was told that as of October of 2011 defendants must pay for their treatment program.
I had already decided on New Years Day to put my addiction into recession. I am a Veteran and check with the VA about going into a 90 day inpatient program. My screening social worker approved me to intake for New Directions 90 day treatment program on the West LA VA campus. This would serve personal issues as well as my addiction issues.
I shared this with my CASC screener since I am responsible to pay and I have benifits and said I could attend the VA program. When I went to the program they told me I could not do a 90 day program because my CASC has me on a level 3 which is ONE YEAR inpatient program.
My next court date is February 14th, I have sent my PD a e-mail explaining the problem. I feel a one year program would put me into rebellion due to unfairness. For a prop 36 program to suceed the client MUST be willing or no amount of time will put that addiction into recession. I say recession because there is no cure for addiction, only recession. I have using friends who have completed prop 36 90-60 day OP and returned to using less than a week after completion. A DEFENDANT HAS TO BE WILLING TO CONTIONUE ON THEIR OWN FOR CONTINUED SUPPORT GROUPS TO KEEP THE ADDICTION IN RECESSION AND WILLING TO MAKE A COMPLETE CHANGE IN LIFESTYLES,FRIENDS, AND HANG OUT AREAS or the program only buys more time to continue in a life of crime.
I have VA Psyciatric Records showing I have suceeded to put my addiction into recession from February of2008-February of 2009 with the help of Welbutrin Medication that curves addictive cravings. No program was needed. I have no problem doing a 90 day inpatient program as it would serve other medical needs. That need to be addressed at the VA, The program is paid by the Federal Government under my benifits. Could a judge over rule the CASC and authorize a 90day inpatient program to satisfy my prop 36 treatment??What is the name of your state (only U.S. law)? CALIFORNIA
 
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sandyclaus

Senior Member
Your post is long and confusing, but here is what I got out of it.

You were given specific deadlines to meet certain requirements, and you failed them. You were supposed to appear in court, and "forgot" about the scheduled appearance dates. You arbitrarily decided to put your addiction into check on New Years Day.

You seem to be making a lot of wrong choices by ignoring the requirements when it suits you, and you want to schedule your addiction recovery according to your convenience. And now they want to put you into a ONE YEAR inpatient program to deal with the situation, but you'd rather do a 90 day program.

It sounds to me like you were given a lot of opportunities to straighten out and get with the program and on your way to treating your addiction. Instead of following what the court has prescribed for you, you want to do it YOUR way. Like it or not, if you could have done it your way and kicked your addiction, you probably wouldn't be in the position you are now.

You seem to be WILLING to go through the inpatient program, but only if you get to do it on your own terms. I don't think it works that way.
 

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