California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative statute that permanently changed state law to allow qualifying defendants convicted of non-violent drug possession offenses to receive a probationary sentence in lieu of incarceration. As a condition of probation defendants are required to participate in and complete a licensed and/or certified community drug treatment program. If the defendant fails to complete this program or violates any other term or condition of their probation, then probation can be revoked and the defendant may be required to serve an additional sentence which may include incarceration.
The proposition was passed with 6,233,422 (60.86%) votes in favor and 4,009,508 (39.14%) against on November 7, 2000 and went into effect on July 1, 2001 with $120 million for treatment services allocated annually for five years. The act is codified in sections 1210 and 3063.1 of the California Penal Code and Division 10.8 of the California Health and Safety Code.
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