S
suziq012
Guest
What is the name of your state? CALIFORNIA
My boyfriend was arrested and charged with possesion of controlled substance for sale in 1996, he was sentanced to a drug program and 5yrs. probation. Since then he has been in violation of probation many times for failure to comply. His probation always got reinstated and he received another chance at doing a drug program each time(i lost count). Every time he was given another chance he failed to complete the program or didn't show up and ran til caught. This went on from 1996 for more than 5 years and several programs later including inpatient& picking up a new posession chrg. which then made the 1996 case a 1999 case #. In 1999 he was sentenced to 365 days in jail / or released to a drug inpatient program. We paid 1800.00 this time for the program to pick him up from the county jail instead of waiting on a list for a county paid bed to be picked up. He stayed the 30 days but was kicked out of after care for a dirty test. probation had him test weekly til he enrolled in another program. He enrolled in out patient classes 4-5 days a wk. for 13 wks. + aftercare, he was booted for a dirty test 2 days befor he was to finish the 13 wks. of classes. He was pulled over and taken in several times on the warrent but they always released him by morning and he would fail to appear. He was pulled over in march of 2002 and arrested on a warrent for the 1996 sales charge because he failed to comply and never completed the drug treatment program. At this time he also picked up a new charge of possesion of a controlled substance(he wasn't released this time). He was given/sentenced to prop.36(Substance Abuse and Crime Prevention Act of 2000) and released from jail in june of 2002. He was suppose to complete 2yrs. probation and out patient classes 3- days a week for 15 weeks + aftercare.He also had to submit to drug testing. He once again did not complete the program and stopped going to probation to test. I received a letter from probation with a appointment day & time around november of 2002 in which he did show up for. Probation referred his case back to court and gave him a court date. He showed up for that court date with the private attorney i hired for him prior. His probation was reinstated under(prop.36)subdivision(a)and his drug treatment was intensified. He had to turn himself into a 60 inpatient program in Dec. OF 2002 in which he did but he left after 8 days without consent. He was pulled over 10 days ago and taken in on warrents, 1 for the 1996(99) posession for sale and the 2nd for the posession of controlled sub. chrg. he got in 2002 just prior to receiving the prop.36. What I would like to know is: In the prop. 36 Proposed Law
it states:
(5) Any defendant who (A) has two separate convictions for nonviolent drug possession offenses, (B) has participated in two separate courses of drug treatment pursuant to subdivision (a), and (C) is found by the court, by clear and convincing evidence, to be
unamenable to any and all forms of available drug treatment. Notwithstanding any other provision of law,the trial court shall sentence such defendants to 30 days in jail.
Is there any way he would be eligable for the 30 days although he is already on probation under subdivision(a)? It says that such defendents are excluded from subdivision(a) and he is under sub.(a)at the present time. Should the court had realized he was unamenable to complete a treatment program prior to putting him under the prop.36 ? He also had a private attorney who was new to his situation and I don't know if he was aware of how many times he had done treatment programs and failed at them all. He was not even eligable for this due to his prior chrg. for 1996 for sales. Sales is excluded but it was overlooked and he got lucky. Also I would like to ask another question as far as the prop.36 law: When it stated If a defendant on probation at the effective date of this act for a nonviolent drug possession offense
violates that probation either by being arrested for a nonviolent drug possession offense, or by violating a drug-related condition of probation,
Would this be where he was when he first got put under the prop.36 in june 2002 or would this be where he was when probation referred his case back to court at the end of 2002??? So would now be the second time he violated probation under this act or is now the 3rd time he violated it and is no longer eligable for continued probation under subdivision(a)??? Does the court have to go by these guidelines??? Does it matter that he was actually not eligable for this after the fact??
Here is a run down of it summed up;
My boyfriend was on probation & in violation of it prior to being put under this act. After he was under this act he failed to comply and was released after 3 missed days from the drug program and his case was referred back to court in which his treatment was intensified and probation reinstated. After his probation was reinstated and his treatment intensified he quit the inpatient program by leaving and did not have any contact with probation until being arrested 10 days ago. I hope this is not to confussing and you understand my questions. Anything you could tell me would be of great help and knowledge. I am very court and law educated but this prop.36 is kind of new with many stipulations & exclusions. Thank you greatly for your time, suziq012
My boyfriend was arrested and charged with possesion of controlled substance for sale in 1996, he was sentanced to a drug program and 5yrs. probation. Since then he has been in violation of probation many times for failure to comply. His probation always got reinstated and he received another chance at doing a drug program each time(i lost count). Every time he was given another chance he failed to complete the program or didn't show up and ran til caught. This went on from 1996 for more than 5 years and several programs later including inpatient& picking up a new posession chrg. which then made the 1996 case a 1999 case #. In 1999 he was sentenced to 365 days in jail / or released to a drug inpatient program. We paid 1800.00 this time for the program to pick him up from the county jail instead of waiting on a list for a county paid bed to be picked up. He stayed the 30 days but was kicked out of after care for a dirty test. probation had him test weekly til he enrolled in another program. He enrolled in out patient classes 4-5 days a wk. for 13 wks. + aftercare, he was booted for a dirty test 2 days befor he was to finish the 13 wks. of classes. He was pulled over and taken in several times on the warrent but they always released him by morning and he would fail to appear. He was pulled over in march of 2002 and arrested on a warrent for the 1996 sales charge because he failed to comply and never completed the drug treatment program. At this time he also picked up a new charge of possesion of a controlled substance(he wasn't released this time). He was given/sentenced to prop.36(Substance Abuse and Crime Prevention Act of 2000) and released from jail in june of 2002. He was suppose to complete 2yrs. probation and out patient classes 3- days a week for 15 weeks + aftercare.He also had to submit to drug testing. He once again did not complete the program and stopped going to probation to test. I received a letter from probation with a appointment day & time around november of 2002 in which he did show up for. Probation referred his case back to court and gave him a court date. He showed up for that court date with the private attorney i hired for him prior. His probation was reinstated under(prop.36)subdivision(a)and his drug treatment was intensified. He had to turn himself into a 60 inpatient program in Dec. OF 2002 in which he did but he left after 8 days without consent. He was pulled over 10 days ago and taken in on warrents, 1 for the 1996(99) posession for sale and the 2nd for the posession of controlled sub. chrg. he got in 2002 just prior to receiving the prop.36. What I would like to know is: In the prop. 36 Proposed Law
it states:
(5) Any defendant who (A) has two separate convictions for nonviolent drug possession offenses, (B) has participated in two separate courses of drug treatment pursuant to subdivision (a), and (C) is found by the court, by clear and convincing evidence, to be
unamenable to any and all forms of available drug treatment. Notwithstanding any other provision of law,the trial court shall sentence such defendants to 30 days in jail.
Is there any way he would be eligable for the 30 days although he is already on probation under subdivision(a)? It says that such defendents are excluded from subdivision(a) and he is under sub.(a)at the present time. Should the court had realized he was unamenable to complete a treatment program prior to putting him under the prop.36 ? He also had a private attorney who was new to his situation and I don't know if he was aware of how many times he had done treatment programs and failed at them all. He was not even eligable for this due to his prior chrg. for 1996 for sales. Sales is excluded but it was overlooked and he got lucky. Also I would like to ask another question as far as the prop.36 law: When it stated If a defendant on probation at the effective date of this act for a nonviolent drug possession offense
violates that probation either by being arrested for a nonviolent drug possession offense, or by violating a drug-related condition of probation,
Would this be where he was when he first got put under the prop.36 in june 2002 or would this be where he was when probation referred his case back to court at the end of 2002??? So would now be the second time he violated probation under this act or is now the 3rd time he violated it and is no longer eligable for continued probation under subdivision(a)??? Does the court have to go by these guidelines??? Does it matter that he was actually not eligable for this after the fact??
Here is a run down of it summed up;
My boyfriend was on probation & in violation of it prior to being put under this act. After he was under this act he failed to comply and was released after 3 missed days from the drug program and his case was referred back to court in which his treatment was intensified and probation reinstated. After his probation was reinstated and his treatment intensified he quit the inpatient program by leaving and did not have any contact with probation until being arrested 10 days ago. I hope this is not to confussing and you understand my questions. Anything you could tell me would be of great help and knowledge. I am very court and law educated but this prop.36 is kind of new with many stipulations & exclusions. Thank you greatly for your time, suziq012