View Full Version : Prop 36...need info and support, me scared


karl143
01-08-2008, 02:22 AM
This is my first time in trouble with the law, and the first time in treatment.....so I got kicked out of the treatment center. Time has now gone by and found out i have a warrant. This is my first violation.

I've been told that in order to take care of this I need to go down and schedule a court date. Then go to court where the judge can swash the warrant and I can admit I messed up and ask for another chance at treatment. Then I will be fine. Is that true? My concern is them pulling me in when i go down to schedule the court date. Cause technically, I will still have the warrant. The warrant won't be lifted until I see a judge. What's the likely hood of them throwing me into jail right then and there?

I'm scared to go down there....please any info would be appreciated.

betos gurl
01-08-2008, 03:00 PM
I can't say for sure but if they're going to take you in, it more than likely won't be when you go to make the court date. That is the normal way to take care of a warrant and people do it all the time. I would be more concerned about the actual court date. If you were doing really well, they may refer you back to jail but be prepared for the possibility that they may take you in at court for violating the terms of your original release. Good luck!

MIKAER
01-12-2008, 11:55 PM
The question is about how much time has lapsed since your treatment was terminated. Also was the termination drug related? Prop 36 allows 3 strikes before incarceration but there is a time line on refusing treatment. I word Google Prop 36 and read up AND CALL YOUR ATTORNEY AND TREATMENT TEAM...

bardwoman
01-14-2008, 01:42 AM
You dont have to go anywhere to make a court date to deal with the warrant. You can do it by phone. Call the jail and ask for the criminal records department. They can schedule a court date for you. Until that date, the warrant is still active. At the first court appearance, you will most likely be asked to plead guilty or not guilty to the probation violation charge, and another court date will be set. If you are not considered a flight risk, the judge will acknowledge that you voluntarily appeared and will allow you to remain out of custody with the promise to appear at all future court dates. At some point you will need to contact the prop 36 office and tell them you messed up and want to get back into the program. They expect failure. Because they are treating drug violations as an illness, its unlikely they will refuse treatment if you are asking for help to get back on the right track. Its all about compliance.
Good luck....

tracey83
01-31-2008, 07:02 PM
I graduated from Prop 36 about 4 years ago. I violated twice, and never got locked up for going back to court voluntarily. However, I've known people that have. It basically depends on if the person you're dealing with decides to be in a good mood or not - that's what I've found. DEFINITELY make your court date appointment over the phone, and then definitely shouldn't lock you up on your court date. Everyone I know that got locked up for this got locked up trying to make a court date. I did it over the phone both times and was fine. They'll drop the warrant and revoke and reinstate your probation (Prop 36). Then you'll have to visit you're Probation Officer immediately following your court appearance. As long as you do what your P.O. tells you and make an effort to go see them if you get kicked out of treatment again, you won't end up with a warrant. So if this happens again, call or go see your P.O. the day you get kicked out of treatment and they'll find you a new place without you having to go to court. Good Luck - Prop 36 is tough - but my record is completely clean now because I finished it and they dropped my charges.

Gryphon
01-31-2008, 08:29 PM
Prop 36 allows 3 drug related failures before you get kicked out. However, only one non-drug related failure gets you kicked out. If you get kicked out, you get sentenced on the charge you were convicted of. Often, that sentence is greater than what the case was originally worth because they treat the program failures like violations of probation.
Courts often let people have additional opportunities to succeed even if they could get someone kicked out. It all depends on attitude as percieved by the social worker types who work in that court's Prop 36 program. (That's a great reason to stay in solid contact with the social worker types.)
Getting kicked out a program may or may not be "drug related."
SOme courts do in fact take people into custody pending getting back into Prop 36, and getting kicked out may get you put in jail when you are sentenced (or you might be able to do alternativce sentencing, depending on the county and how the Judge feels about the program failure.) If you are in an urban area the chances of staying out of jail (under almost any circumstances) are much improved. If you did go to jail, actual time served on routine drug possession cases tends to be very small in most urban areas.
Sometimes, Prop 36 failure can be very serious, and people go to prison all the time for being deemed unsuitable for felony probation.

Your best bet to to do as much damage control as possible. If you didn't burn your bridges at teh rehab, get a letter of support explaining what went wrong and why you deserve another chance. Let your Prop 36 handlers know what you are doing. Try to get into an alternative rehab, at least get on a waiting list to show your good faith intentions. Go to lots of AA/NA meetings and haave teh metting leader sign off that you were there. See if there are sliding fee scale group counseling meetings available.

In almost every court, your best bet to get a court date is to show up at the clerk's office in person and ask for a date. Most clerks won't set up dates by phone, but this varies by county. In some counties, there' s no way to get a date to clear a warrant, and in those you have to turn yourself in and then hope the Judge ORs you. Again, urban defendants get a break because they almost always have a way to set a date and clear a warrant. That's because the urban area has a volume problem. That same problem makes it unlikely that someone clearing a warrant would then be taken into custody at the already overfull jail.


This is my first time in trouble with the law, and the first time in treatment.....so I got kicked out of the treatment center. Time has now gone by and found out i have a warrant. This is my first violation.

I've been told that in order to take care of this I need to go down and schedule a court date. Then go to court where the judge can swash the warrant and I can admit I messed up and ask for another chance at treatment. Then I will be fine. Is that true? My concern is them pulling me in when i go down to schedule the court date. Cause technically, I will still have the warrant. The warrant won't be lifted until I see a judge. What's the likely hood of them throwing me into jail right then and there?

I'm scared to go down there....please any info would be appreciated.

trinismom
03-06-2008, 07:54 PM
you all need to know about my son he prop 36ed went to rehab (meth) was out 6 mo got a dui ...nwe doing 4 yr 4 mo dui violated his probation if it had been drugs it was mandatory rehab
it soooo sucks

Gryphon
03-07-2008, 07:31 PM
Despite the voters of CA making a clear statement that they don't want addicts in prison if it can be avoided, there is a strong feeling by prosecutors and many Judges that defendants shouldn't be permitted to avoid consequences by doing rehab instead of being punished. The Judge and DA might look for reasons to exclude, rather than include.

A DUI, even when it a drug DUI, is not a drug related crime within the meaning of Prop 36. The policy reason is that it's no longer a "victimless crime" since the dfendant has placed people at physical risk.
SOme courts will view a a DUI as a drug related VOP and continue participants in Prop 36 Court. Other courts will rule that the driving makes it a violation that'll permit getting terminaed from Prop 36 and sentenced on teh original case. Still other courts will adopt both of those views, and staying in Prop 36 depends on how much the social worker wants to keep the defednat in teh program. Counties aren't consistent.

For instance, in some counties having a very minor traffic case along with teh qualifying drug case is enough to keep a defndant out of Prop 36 in teh first palce. Driving on a suspended driver's license or not having a valid license in possession is esometimes enough to exclude a defendant from Prop 36.

you all need to know about my son he prop 36ed went to rehab (meth) was out 6 mo got a dui ...nwe doing 4 yr 4 mo dui violated his probation if it had been drugs it was mandatory rehab
it soooo sucks

dansgrl73
04-01-2008, 10:38 AM
I have only seen one person out of at least 50 succeed on prop 36. The program makes it impossible for anyone to better their lives realistically. They leave no time for any thing else but the program. You cant work a normal job. Too many stipulations. My boyfriend had to work to take care of his family and didnt report for treatment and is now serving 2 years in state prison for it. The program is just a trap BEWARE!

Gryphon
04-01-2008, 02:52 PM
Yes, Prop 36 can be a huge trap. However, I don't know where teh "1 in 50" statistic comes from. Statewide is reporting far better than that (although there can be local differences.) The trial attorney can usualyy offer suggestions about whether any particular candidate seems like a good candidate for any given county's Prop 36 Court.
Always seek local information,though. There are huge differences between even neighboring counties since each county was allowed to develop their own Prop 36 program.

I have only seen one person out of at least 50 succeed on prop 36. The program makes it impossible for anyone to better their lives realistically. They leave no time for any thing else but the program. You cant work a normal job. Too many stipulations. My boyfriend had to work to take care of his family and didnt report for treatment and is now serving 2 years in state prison for it. The program is just a trap BEWARE!

kima
04-01-2008, 07:54 PM
If he wasn't given the chance, would he have gone to prison anyway? Because he can't support his kids while he's in prison. Some chance is better than NO chance. They may make it difficult to follow, but the person is at least free and on the street while they are attempting to make changes in their life. It's too bad the program is so difficult to adhere to, but some people do manage to complete it. Even if it only helps those who can adjust their lives accordingly, at least it's helped some. Otherwise, it wouldn't help any - it would be an automatic prison sentence.

Gryphon
04-02-2008, 12:50 PM
Whether or not to do Prop 36 Court is a more complicated problem that you think, even with kids involved. The same can be true when probation/county time is accepted instead of prison.
For instance: A defendant has a substantial rap sheet, showing a handful of drug and theft (but drug related) offenses. There has been a prior prison term, and a double handful or probation and parole violations. A new drug possession is filed. The defendant has to choose between 4 options.
Option 1: 16 mos. stipulated CDCR, out in 8 mos. and do rehab on their own when released if so inclined.
Option 2: Do the CRC, the CDCR residential drug rehab. However, that' program is terrible and lasts 10 or 12 mos. CRC parole can be a disaster in any event. This isn't a good choice given the 8 mo. actual time option.
Option 3: Prop 36. However, if there is a failure of that program anticipate a 2 year sentence (2 yrs. mid term ), serving 1. This defendant has no valid CDL, and public transport is non existent. He'll have to be somewhere at least 6 times each week. He'll need to test clean at least once a week. He needs a residential, but there because of county funding the chance of getting a residential isn't good. He's been using meth steadily for over 12 years, except for when he's been locked up now and again. The physical addiction caused by meth takes around a year of sobriety to go away (but still leaving other non-physical problems relating to addiction).
Option 4: Go to trial and win. Otherwise, see options 1-3. If losing trial and failing Prop 36, anticipate at best a 3 year CDCR sentence at 50% (2 yr. mid term plus 1 year prior prison term enhancement) and up to 4 years CDCR.
If Prop 36 Court failure is a near certainty (because it physically can't be done because of transport problems; let alone the difficulty maintaining sobriety), is it worth the extra 4 months of actual prison time when the defendant is excluded? If the Prop 36 Court program isn't funded to get appropriate levels of rehab to the participants, is it worth taking a chance of getting some additional time? (If "just say no" was an option, the defendant wouldn't be in this pickle in the 1st place.)



If he wasn't given the chance, would he have gone to prison anyway? Because he can't support his kids while he's in prison. Some chance is better than NO chance. They may make it difficult to follow, but the person is at least free and on the street while they are attempting to make changes in their life. It's too bad the program is so difficult to adhere to, but some people do manage to complete it. Even if it only helps those who can adjust their lives accordingly, at least it's helped some. Otherwise, it wouldn't help any - it would be an automatic prison sentence.

kima
04-02-2008, 04:13 PM
Thank you, Gryphon. You've made it a lot more clear cut. So prop 36 is pretty much only good for someone that already "has it together" it sounds like. I had a few women in a residential program that went through this, but they were living in a shelter and didn't have jobs. Plus, everything was within walking distance, so getting where they needed to be was pretty easy.

It sounds like option 1 is the best bet for a lot of folks, although it doesn't provide for any treatment, which is about non-existent once they're in prison.

Gryphon
04-02-2008, 05:22 PM
Certainly, having things pretty much together really increases the odds of surviving Prop 36 Court. Just having someone to call to be able to get from point A to point B can make all teh difference.
In some counties, a basket case can still survive Prop 36 Court. That'd be a county that decided they were motivated to reduce county jail population (including the DA's blessings), give lots of chances, and have good public transport (or otherwise solved the transport blues.)
Some counties sure look good on paper, but end up doing maximum prison terms if they don't make it. The Judge sentences like failure is a personal affront to the court. People who would have recieved never more than 16 mos., and maybe as little as 90 days worth of alternative sentencing, can suddenly be faced with years upon Prop 36 failure.
Some counties don't provide a fighting chance in teh 1st place. The probation department, DA, and probation all had Prop 36 thrust upon them; and no their goal is to get even.
If you want to predict the ability to survive Prop 36 Court, local knowledge is critical.

Doing rehab after prison means finding your own. Parole has no $, and "clean and sober housing" is about all that happens. Church run rehabs have shorter wait lists (including Salvation Army), and some of them do a great job. (Some of them are scary from a therapeutical perspective, relying entirely on the power of prayer or being rather cult-ish.) The good programs might not happen to be in the county a parolee is required to live in, and tend to be located in large "closed" for parole transfer counties. Wait lists for public supported programs can be long, 120 days being about par; and many aren't for a very long duration.

However, for some parolees, solid rehab programs are available if the parolee wanted to go. They just don't.
For instance, Salvation Army Residential Men's Recovery usually has a short wait list. It is a 6 mo. program that's free. It is run by church people and has chuch stuff going on, and that can be a deal breaker for some. Participants must be able to stand and do light physical labor. (The participants do shipping and recieving for the thrift store, store profits support the program.) The food is decent. After 6 mos., participants can tansfer to a residential rehab/vocational training program located at the former Mather AFB. Rehab continues, and vocational training could cover any number of trade professions (eg. Heating and Air, Welding, Truck Driving, Commercial Cooking, etc.) . It can also include education as basic as literacy or could include college classes at any number of local colleges. The program is designed to train participants for jobs that actually pay a decent wage. Some people stay for shorter periods, others for longer. Participants eventually gain employment, stay put to save up some money, and leave when they have enough banked to hit the ground running.
That's a total of a year for free, maybe more if needed.
There's a reason that teh waiting list isn't too long. Many addict parolees are released in Sacramento County; but after release from prison few people are willing to then take the time to get it together. That's a shame.

Thank you, Gryphon. You've made it a lot more clear cut. So prop 36 is pretty much only good for someone that already "has it together" it sounds like. I had a few women in a residential program that went through this, but they were living in a shelter and didn't have jobs. Plus, everything was within walking distance, so getting where they needed to be was pretty easy.

It sounds like option 1 is the best bet for a lot of folks, although it doesn't provide for any treatment, which is about non-existent once they're in prison.