| Special Considerations in Drug Cases | | | | Treatment drug court combines individual and/or group |
| Diversion from criminal drug charges entails navigating | | | | counseling, frequent judicial supervision, urine monitoring |
| the intricacies of Prop. 36 or deferred entry of | | | | for drug use and graduated sanctions. |
| judgment (DEJ), both of which divert from criminal | | | | Drug Courts offer the participant a clear choice: |
| prosecution only people charged with simple | | | | participation in treatment instead of going to jail. In |
| possession or being under the influence. Both | | | | exchange for successful completion of the treatment |
| programs require the defendant to attend and | | | | program, the Court may eventually dismiss the original |
| complete a certified or approved drug rehabilitation | | | | charge, early terminate probation or reduce a felony to |
| program. When the treatment is complete, the | | | | a misdemeanor charge, if applicable. |
| defendant's conviction is erased from the record. The | | | | These courts combine the close supervision of the |
| goal of both programs is rehabilitation rather than | | | | judicial process with resources available through |
| punishment, but there the similarities end. | | | | alcohol and drug treatment services. The two goals of |
| DEJ Diversion | | | | these programs are to reduce recidivism of |
| The Deferred Entry of Judgment (DEJ) Program is | | | | drug-related offenses and to create options within the |
| aimed towards those individuals accused of use | | | | criminal justice system that tailor effective and |
| possession of illegal substances who have waived his | | | | appropriate responses for offenders with drug |
| her rights to a speedy trial and entered a plea of guilty. | | | | problems. |
| The judgment is put on hold upon successful | | | | Once enrolled in drug court participants are assessed |
| completion of the DEJ requirements. The DEJ program | | | | by drug court staff (certified drug and alcohol abuse |
| is designed to assist individuals recognize their chemical | | | | specialists) and referred to various community-based |
| and/or other drug dependency and assist them in their | | | | treatment providers based on individual needs. In |
| recovery. If they successfully complete all required | | | | addition to counseling, 12-step, or other self-help |
| programs, they can have their case dismissed in a | | | | meetings, they are also required to submit to urine |
| process which is known as "Deferred Entry of | | | | tests for alcohol and street drugs and to attend drug |
| Judgment," commonly referred to as DEJ or drug | | | | court hearings. After graduation, the court deletes the |
| diversion. | | | | fine and works with participants to deal with |
| This kind of "settlement" can be possible in certain | | | | mandatory minimum sentences. Typically, the court will |
| felony cases involving non-violent drug offenses. | | | | allow work release, electronic monitoring, or any other |
| Deferred entry of judgment (DEJ) diverts people | | | | acceptable alternative to jail time. |
| charged with either simple possession or being under | | | | Penal Code 2900.5: Rehab Facilities and Sober Living |
| the influence from criminal prosecution. Individuals who | | | | Rehab Facilities |
| have been charged with first-time drug offenses, as | | | | There are many different types of rehab available, for |
| well as certain defendants who suffer from the | | | | both men and women, separately or together. Most |
| disease of drug addiction may be eligible to attend | | | | rehabs are private and can be very expensive. |
| classes or other rehabilitation programs. | | | | Sometimes there are waiting lists for an available bed. |
| A defendant is not eligible for DEJ if he or she has | | | | The length of treatment varies, but the average time is |
| ever been convicted of any prior drug offense, even a | | | | 30 days. Treatment may include behavior modification |
| crime such as possession of less than an ounce of | | | | and/or medication. Three commonly used behavioral |
| marijuana. Defendants can join DEJ only if they plead | | | | treatments for alcohol abuse and |
| guilty. A person can participate in DEJ regardless of | | | | alcoholism—motivation enhancement therapy, |
| whether he or she is charged and convicted of an | | | | cognitive-behavioral therapy, and 12-step facilitation |
| additional crime at the same time, unlike Prop. 36 | | | | therapy—significantly reduced drinking in the year |
| sentencing. | | | | following treatment. Medication such as naltrexone |
| Prop. 36 | | | | (ReVia™), an anti-craving medication, has been |
| Under Prop. 36, defendants can have drug convictions | | | | shown to be effective, especially when combined with |
| on their records and still be eligible for treatment. | | | | behavior therapy. |
| Defendants are eligible for Prop. 36 treatment whether | | | | Alcohol and drug rehabs can be used to replace the |
| they plead guilty or are convicted after trial. As a | | | | alcohol education programs that are instituted as part |
| condition of probation the court shall require | | | | of the DUI conviction. California Vehicle Code section |
| participation in and completion of an appropriate drug | | | | 23598 states that in lieu of an alcohol or drug |
| treatment program. The court may also impose as a | | | | education program, the court may impose a live-in |
| condition of probation participation in vocational training, | | | | alcohol treatment term of probation instead. The court |
| family counseling, literacy training and/or community | | | | will impose that the DUI offender complete such a |
| service. A court may not impose incarceration as an | | | | program so long as the person consents and has |
| additional condition of probation. Aside from the | | | | been accepted into that program. The type of proof |
| limitations imposed in this subdivision, the trial court is | | | | that is required is a certification, made under penalty of |
| not otherwise limited in the type of probation conditions | | | | perjury, by the director of the program. The time spent |
| it may impose. | | | | in rehabilitation is counted against the time that would |
| The terms "drug treatment program" or "drug | | | | otherwise have been spent incarcerated in a county |
| treatment" mean a licensed and/or certified community | | | | jail. This is referred to as good time custody credits. |
| drug treatment program which may include one or | | | | Sober Living |
| more of the following: outpatient treatment, half-way | | | | Sober living environments are a way for the DUI |
| house treatment, narcotic replacement therapy, drug | | | | offender to avoid being incarcerated. Where a person |
| education or prevention courses and/or limited inpatient | | | | has had multiple DUIs, or has a drug or alcohol problem |
| or residential drug treatment as needed to address | | | | that has not responded to past attempts at treatment, |
| special detoxification or relapse situations or severe | | | | then sober living may be the best rehabilitative means |
| dependence. The terms "drug treatment program" or | | | | of any of the other alternative sentencing options. The |
| "drug treatment" shall not include drug treatment | | | | basic structure of a sober living environment involves |
| programs offered in a prison or jail facility. | | | | the housing of only sober people, for both men and |
| Although the overall eligibility criteria for Prop. 36 is | | | | women. All residents are required to participate in |
| looser than DEJ, Prop. 36 has some restrictions not | | | | planned daily activities, such as group meetings and |
| found in DEJ. For example, people are ineligible for | | | | 12-step programs. Each resident is required to |
| Prop. 36 when, in addition to the current drug offense, | | | | contribute to the running and functioning of the |
| they are convicted in the same proceeding of a | | | | household by performing a household chore. |
| misdemeanor not related to the use of drugs or any | | | | Where a DUI offender is facing mandatory minimum |
| non-qualifying drug felony. | | | | time in the county jail, sober living environments provide |
| Proposition 36, generally favors long-term drug | | | | an excellent alternative sentence to fulfilling the county |
| treatment as an alternative to incarceration. While DEJ | | | | jail time hours in the sober living environment. The hours |
| is available only upon a plea of "guilty," Prop. 36 | | | | spent in the sober living environment qualifies for the |
| sentencing is available upon conviction -- whether a | | | | mandatory time in jail. Where a term of imprisonment is |
| defendant pleaded guilty or was found guilty after a | | | | imposed by the court, the hours and days spent in the |
| trial. | | | | sober living facility will count against the mandatory |
| Drug Court | | | | imprisonment requirement. It is the duty of the court |
| A Drug Court is a full or part-time court that has been | | | | imposing the sentence to determine the date or dates |
| especially designed and staffed to supervise the | | | | of any admission to, and release from, custody prior to |
| nonviolent drug offender. It is a court-monitored | | | | sentencing and the total number of days to be |
| program of drug treatment and rehabilitation services. | | | | credited. |