Does a defendant who has been convicted of a non-violent drug possession charge need to receive probation and diversion into a drug treatment program?
California, United States of America
The following excerpt is from People v. Skidmore, C075428 (Cal. App. 2015):
2. "Following the enactment of Proposition 36, the 'Substance Abuse and Crime Prevention Act of 2000,' which took effect July 1, 2001, a defendant who has been convicted of a 'nonviolent drug possession offense' must receive probation and diversion into a drug treatment program, and may not be sentenced to incarceration as an additional term of probation." (People v. Canty (2004) 32 Cal.4th 1266, 1272-1273, citing 1210.1, subd. (a).)
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