Prop 36 is a maximum two-year program, whereas Penal Code 1000 PC DEJ is an 18-month to three-year program. Proposition 36 requires the judge to sentence you to formal probation while you participate in treatment . . . but you are not sentenced to probation when you participate in Penal Code 1000 PC drug diversion.

How does Prop 36 work?

How Does Proposition 36 Work? Prop. 36 requires defendants to enter a guilty plea to the drug charge, with the understanding that if they complete the program, they will receive a dismissal. The judge suspends the criminal proceedings and places the defendant on probation.

What two major changes occurred to the Three Strikes law under Proposition 36?

The second major change made by Proposition 36 is the addition of a means by which designated defendants currently serving a third strike sentence may petition the court for reduction of their term to a second strike sentence, if they would have been eligible for second strike sentencing under the new law.