Prop 36 was passed by California voters in November 2000. Prop 36 mandates probation and drug treatment in lieu of incarceration for specific non-violent (felony or misdemeanor) drug offenses. Drug offenders granted Prop 36 probation are screened and referred to appropriate treatment programs. Probation officers work in collaboration with treatment providers and criminal justice partners in order to monitor these offenders for compliance with court-imposed requirements, and provide the court with timely notification of all non-compliance behaviors and/or treatment failures.
Defendants participating in the Prop 36 program are routinely drug tested to ensure they are staying drug free, are participating in drug treatment, and are following the orders of the Court. If they have successfully completed the requirements of probation, Prop 36, and all fines and fees have been paid in full, the Court can dismiss their charges.