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Self-Assessment Test by Hon. Alex Ricciardulli

FOCUS COLUMN

Earn one hour of MCLE credit by reading "The Power of Prop. 36" and answering the questions that follow.

[1] Proposition 36 was approved by California's voters and subsequently became effective on July 1, 2001.

True False

[2] A defendant sentenced under Prop. 36 must receive probation and no incarceration, and the court must order that the defendant participate in a drug treatment program other than one offered in jail or prison.

True False

[3] A court has discretion under Prop. 36 to order that the defendant participate in a drug treatment program for as long as the defendant is on probation, which could be up to three years.

True False

[4] All appellate authorities agree that a person is eligible for Prop. 36 even if his offense occurred prior to July 1, 2001, so long as he is sentenced after July 1, 2001.

True False

[5] Due to the voters' intent in rehabilitating drug users, all people convicted of any drug-related crimes, including sales and possession for sales of drugs, are eligible for Prop. 36.

True False

[6] A person convicted of transportation of drugs for personal use is eligible for Prop. 36, and to exclude the defendant the people must prove beyond a reasonable doubt that the transportation was for a purpose other than personal use.

True False

[7] Juveniles under 18 who are adjudicated wards of the court are eligible for Prop. 36, and so are persons convicted of cultivation of marijuana, and those convicted of opening or maintaining a place for selling, giving away or using controlled substances.

True False

[8] There are no cases discussing whether Prop. 36 applies to an attempt to possess drugs for personal use.

True False

[9] People who have suffered one or more "strike" priors are ineligible for Prop. 36.

True False

[10] A juvenile sustained petition, for an offense that would be a "strike" if convicted as an adult is not a conviction for purposes of Prop. 36 eligibility.

True False

[11] The court has no authority to dismiss a "strike" prior in furtherance of justice under Penal Code Section 1385 to make the person eligible for Prop. 36.

True False

[12] A person who is convicted in the same proceeding of the drug possession offense and misdemeanor driving under the influence of drugs is eligible for Prop. 36 because the driving offense is a misdemeanor related to the use of drugs.

True False

[13] Just like a court has no authority to dismiss a "strike" prior in furtherance of justice under Penal Code Section 1385 to make a person eligible for Prop. 36, so too a court has no power to dismiss charges not related to the use of drugs to render a person eligible for Prop. 36.

True False

[14] People who are ineligible for Prop. 36 include ones who use a firearm while possessing or being under the influence of cocaine, heroin, methamphetamine or PCP, and people who have twice previously received treatment under Prop. 36 and have found by the court to be unamenable to any available drug treatment.

True False

[15] A person sentenced to Prop. 36 cannot have her probation violated and incarceration imposed even if the violation is for a non-drug-related reason.

True False

[16] A drug-related condition of probation includes a probationer's specific drug treatment regimen, employment, vocational training, educational programs, psychological counseling and family counseling.

True False

[17] When a defendant commits his first drug-related violation, probation can only be revoked if the court finds by a preponderance of the evidence that the defendant poses a danger to the safety of others.

True False

[18] Once a defendant completes the drug treatment class, the court has no discretion and must dismiss the defendant's case.

True False

[19] Once a defendant successfully completes Prop. 36 drug treatment, not only does the underlying drug charge get dismissed, but so does the offense that is related to use of drugs.

True False

[20] Although a case is dismissed under Prop. 36, the dismissal does not permit a person to possess a firearm if the underlying crime was a felony.

True False

This article appears on Page 7

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