Deferred Entry of Judgement

What is Deferred Entry of Judgment (DEJ)?

The Deferred Entry of Judgment Adult Drug Court program places defendants, who are appropriate candidates, on a minimum of 18 months supervision that includes drug testing, Drug Court reviews, and referrals to approved treatment programs.

Will the charges be wiped off my record?

No, the charges will not be wiped off your record, but they can be dismissed. A defendant's record will show the arrest, but after successful completion, the disposition will read "Successful Completion of DEJ".

Can I do a drug rehabilitation program out of San Mateo County?

Yes, you may do a drug rehabilitation program out of San Mateo County as long as the program is certified PC1000.

Proposition 36

What is Proposition 36 (Prop 36)?

The Substance Abuse and Crime Prevention Act, also known as Proposition 36, was passed by 61% of California voters on November 7, 2000. This initiative allows, but is not limited to first- and second-time, non-violent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration.

What type of offenses qualify and which one do not?

Please see the following table.

 ELIGIBLE

INELIGIBLE

Non-violent drug possessions offenses such as:
  • Sales/Transportation of Controlled Substances
  • Under the influence
  • Possession for Sale
  •  Possession of a controlled substance
  • Sale/Transportation for Sale
  •  Possession of paraphernalia
  • Any Defendant "While using a fire arm, unlawfully possesses" a controlled substance.
  •  Unlawful possession
  • Any defendant who refuses drug treatment
  •  Possession
  • Any defendant convicted of crimes listed in Penal Code Section 667.5
  •  Registration requirements
  • Any defendant who meets the following:
  •  Presence during unlawful use
  • Has 2 separate convictions for nonviolent drug offenses and
  •  Possession of dangerous drugs without prescription
  • Has participated in two separate courses of drug treatment pursuant to Proposition 36 (Prop 36)
  •  Possession of hypodermic needle
  • Is found to be not amenable to "Any and all forms of available drug treatment"
What are the conditions of Probation while under Proposition 36?

There are mandatory, discretionary, and Prohibited conditions of Probation while under Proposition 36.

Mandatory
  • Participation in and completion of a drug treatment program not exceeding 12 months in duration. PC 1210.1(a)
Discretionary
  • Up to six months additional aftercare drug treatment services. PC 1210.1(c)(3)
  • Vocational training, family counseling, literacy training, or community service. PC 1210.1(a)
  • Payment of costs of placement in drug treatment program. PC 1210.1(a)
  • Any other lawful condition of probation. PC 1210.1(a)
Prohibited
  • Jail time. PC1210.1(a)
  • Participation in a treatment program offered in a prison or jail facility. PC 1210(b)
What are the Probation violations?

Probation violations include Non-Drug related violations as well as Drug related violations.

Non-Drug-Related Violations - If the defendant commits an offense other than a nonviolent drug possession offense or violates a non-drug-related condition of probation:

  • Probation may be modified or revoked if the alleged violation is proved. If probation is revoked, the defendant may be sentenced under otherwise applicable law. PC 1210.1(e)(1)

Drug-Related Violations - If the defendant commits a nonviolent drug possession offense or violated a drug-related condition of probation:

  • 1st violation - probation shall be revoked if the alleged violation is proved and the court finds by a preponderance of the evidence that the defendant poses a danger to the safety of others. PC 1210.1(e)(3)(A)
  • 2nd violation - probation shall be revoked if the alleged violation is proved and the court finds by preponderance of the evidence either that the defendant poses danger to others or that the defendant is unable to drug treatment. PC 1210.1(e)(3)(B).
    To determine amenability, the court may consider whether the defendant:
      • has committed a serious violation of the rules at the drug treatment program.
      • has repeatedly violated program rules so as to inhibit the defendant's ability to function in the program.
      • has continually refused to participate in the program; or
      • has asked to be removed from the program. PC 1210.1(e)(3)(B)
         
  • 3rd violation - probation shall be revoked if the alleged violation is proved and the defendant is no longer eligible Proposition 36 probation. PC 1210.1(e)(3)(C)

If the program is revoked, the defendant may be sentenced under otherwise applicable law. If probation is not revoked, the court may alter or intensify the defendant's drug treatment plan. PC 1210.1(e)(2)(A) & (B)

Nonviolent drug possessions violations include what?

Nonviolent drug possessions violations include:

  • The unlawful possession, use, or transportation for personal use of any controlled substance listed in Health and Safety Code 11054, 11054, 11055, 11056, 11057, and 11058; and
  • The offense of being under the influence of a controlled substance in violation of Health and Safety Code 11550. PC 1210(a).

The term does not include possession for sale, production, or manufacturing of any controlled substance. PC 1210(2).

Can I have the charge removed from my record?

Yes you can, after successfully completing your probation period. Arrangements are made with your attorney there after.

Do I have to do all this? Can't I just serve my time?

Yes, you may just serve your time. Participation in Proposition 36 is a voluntary alternative to jail. You have the options of opting out and serving your time at any moment. The sentences vary, so you are recommended to contact your attorney to make arrangements.

How long do I have to be in treatment?

The length of your treatment depends on your case. Some people will be in treatment for a year and others six months. Six months outpatient is the minumum, then it is reseidential for those with severe problems. For those involved with alcohol and drugs, assessments are completed and a decision is made.

How early can I terminate?

Termination can happen in a year; it is up to the judge. Generally, it is eighteen months to three years.

Will the charges be dismissed?

Yes, charges can be dismissed at termination, but it has to come from a lawyer.