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Are those allowed out of prison while in treatment for addiction considered paroled?

Are those allowed out of prison while in treatment for addiction considered paroled?

Q: Can someone on parole qualify for treatment under Proposition 36?

Yes, individuals on parole can qualify for treatment under Proposition 36 if they have committed non-violent, drug-related violations. Instead of returning to prison, eligible parolees can enter supervised treatment programs, allowing them to address their addiction while remaining under the supervision of the parole system.

Q: What happens after completing treatment under Proposition 36?

After completing a treatment program under Proposition 36, individuals must meet all other parole conditions to successfully finish their parole. If they fulfill these requirements, they can be discharged from parole, allowing them to move forward without the restrictions of parole supervision.

Q: Are there any eligibility requirements for Proposition 36?

To be eligible for Proposition 36, individuals must be charged with simple drug possession or being under the influence. They should not have a history of violent felonies and must be on probation or have violated parole for a non-violent, non-felony crime. Eligibility is evaluated on a case-by-case basis.

Q: How does Proposition 36 affect parole conditions?

Proposition 36 allows eligible individuals to enter treatment programs instead of serving time for non-violent, drug-related parole violations. While in treatment, they remain under parole supervision and must comply with all parole conditions until they complete the program and meet the necessary requirements for discharge.

Full question:

Are those allowed out of prison while in treatment for addiction or alcoholism under California proposition 36 considered to be on parole?

Category: Criminal
Date: 04/07/2025
State: California

Answer:

If you have been arrested in California for simple drug possession or being under the influence, if you are on probation for possession or being under the influence, or if you have violated your parole (for a non-violent, non-felony crime) you may be eligible for drug treatment through Proposition 36. Prop 36 serves to divert many parolees who commit non-violent, drug-related violations into supervised treatment programs instead of returning them to prison. A parolee who violates parole and qualifies for treatment would still be considered on parole until the treatment was completed, along with the other conditions of parole.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is Proposition 36 in California?

Proposition 36 is a California law that allows individuals arrested for simple drug possession or being under the influence to receive drug treatment instead of jail time. This law applies to those on probation for drug possession or who have violated parole for non-violent, non-felony offenses. It aims to provide treatment options rather than incarceration, promoting rehabilitation over punishment.