03 Sep 25
Gone are the days when everyone suffering from a drug addiction would spend time behind bars after committing a drug-related crime. Treatment-mandated felony allows the defendant to recover from the real issue, the addiction. Instead of serving time, the defendant participates in a comprehensive personalized treatment program on probation, addressing what contributed to the criminal charges. Its benefits include getting assistance for drug addiction, allowing you to stay in touch with your loved ones, maintaining your employment, and helping you build your future. Navigating this treatment option comes with eligibility requirements; that is where a defense attorney comes in. The attorney can present your persuasive story before the judge to explain why the treatment may be what you need in your criminal case.
An Overview of Treatment-Mandated Felonies
California, for many years, has been exploring ways to combat drug crimes. In 2014, Prop 47 changed many felony drug possession charges into California misdemeanors, resulting in less severe penalties. While it was a huge shift, some people thought it did not address drug addiction, which is the root cause of the issue.
In 2024, Proposition 36 became effective, introducing treatment-mandated felony coded as HS 11395. Please note that Prop 36 is lenient on offenses but effective about the issue. If you are in a vicious cycle of drug-related arrests and use, punishment alone might not fix the problem. You may require support and guidance to stop.
Other factors that drove the treatment instead of incarceration are as follows:
- Overcrowded jails and prisons — Incarcerating nonviolent drug defendants contributes to an unsustainable and expensive prison population.
- Public health considerations — Drug addiction and use are health issues that require psychological and medical attention, not punishment.
- Social reintegration — Successful treatment can help defendants secure employment, education, and housing, resulting in improved long-term results.
- It is cost-effective — Reducing criminal justice involvement makes treatment programs cheaper than incarceration in the long run.
HS 11395 Eligibility
HS 1139 targets people with at least two previous convictions for certain drug-related offenses who the prosecution team later charged with possession of hard drugs. These crimes include the following:
- HS 11377 and 1130 (Possessing controlled substances)
- HS 11378 and 1131 (Drug possession for sale)
- HS 11379 and 1132 (Transportation or sale of controlled substances)
- HS 11379.6 (Manufacturing a controlled substance)
If you have two (2) previous convictions and the judge thereafter convicts you of another crime involving hard drugs, you could be prosecuted for a treatment-mandated felony. Once you complete the mental health and drug treatment, the case can be dismissed and expunged without serving time.
Nonetheless, if you fail to engage in treatment or complete it, you will be incarcerated. An individual found in possession of a hard drug, unless with a written prescription from a licensed dentist, veterinarian, podiatrist, or physician in California, and who has a prior treatment-mandated felony, shall spend a year in jail or prison.
You cannot be incarcerated under HS 11396 unless the judge determines that you do not qualify or are unsuitable for a treatment program.
Rather than serving time, you could get the following:
- Treatment for the substance abuse disorder
- Drug tests
- Counseling
- Skills training to build a brighter future
Hard drugs under HS 11395 refer to cocaine, heroin, cocaine base, fentanyl, phencyclidine, or methamphetamine, and the analogs of any of these substances. Cannabis, peyote, cannabis products, lysergic acid diethylamide, and psychedelic drugs like psilocybin (mushrooms) and mescaline are not hard drugs.
Please note that the court has to agree that you qualify for the treatment-mandated felony. Some of the things that can disqualify you include the following:
- You have a previous violent felony on your criminal record
- You have been charged with another crime apart from drug possession
- You have previously failed in your treatment program(s)
Working with a seasoned defense attorney can increase your chances of qualifying for this option.
Defining Possession
Law enforcement can prosecute you for drug possession in ways that include the following:
- Actual possession—You can be charged with actual possession if, during your arrest, you have the physical control of the drugs. The narcotic could be on your person or in your pocket. Actual possession is the most straightforward type of possession to establish.
- Constructive possession — To be charged with constructive possession, the drug must be in a place you can easily access, like at your residence, in your car, or any other place, including a gym locker. The prosecution team should demonstrate that although you did not have physical control over the drugs, they were within your control.
- Joint possession — It happens when more than two people share control over drugs. Every party can exercise control over the narcotics even when they do have the drugs physically.
The Goals of Drug Treatment
The treatment program seeks to enable you to achieve the following:
- Break free from arrests and addiction — If the addiction is not fully addressed, many individuals complete their sentences only to be arrested again on drug crime charges. Drug treatment seeks to eradicate this vicious cycle.
- Healing — The treatment factors in that an addiction is not a moral issue or choice. Instead, it is a medical condition that needs treatment.
- Preserving families — When a spouse or a parent gets treatment for a drug-related addiction, this can result in a family remaining together instead of splitting up.
Concerns and Challenges
Although the proposal for treatment-mandated felonies appears promising, the implementation comes with specific challenges that include the following:
- Restricted treatment availability — Some counties lack the funding, staffing, or infrastructure to offer treatment, resulting in system bottlenecks.
- Unequal enforcement – Because every county enforces laws differently, depending on where a person is charged, some people could face severe repercussions or minimal treatment opportunities.
- Safety issues — Critics point out that providing treatment might not be right for subsequent offenders, especially those who pose a threat to the general public.
- Legal implications—A defendant must make crucial decisions that include pleading guilty before the treatment can commence, sometimes without fully understanding the available treatment options.
Treatment-Mandated Felonies Enforcement
HS 11395 treatment-mandated felony works as follows:
- Qualification review — The assessment happens after the prosecution charges you with a crime but before your sentencing. Your lawyer will prove your qualification and submit compelling proof that the judge should consider treatment rather than incarceration in your criminal case.
- Plea taking — The plea procedure requires you to enter a guilty plea in exchange for suspending your sentence while you undergo treatment. Your no contest or guilty plea is not a criminal conviction.
- Treatment placement — The judge assigns a treatment program depending on a defendant’s assessment and available local resources. A lawyer who understands the local treatment facilities may advocate for your placement in a facility that matches your needs.
- Regular check-ins—Once you enroll in a treatment program, you should comply with regular check-ins and appear in court for periodic review of your progress. The purpose of these check-ins is to ensure accountability as a means of tracking your progress.
Assessment Procedure
After an arraignment for violating HS 11395 and at your lawyer’s request, the court will instruct drug addiction professionals to perform a mental health and substance abuse assessment. The professionals will present the evaluation report to the involved parties and the court.
The professionals will interview you and other parties who know about your addiction. They will also evaluate relevant documentation, including previous treatment history, criminal history, and other records of your current crime. Law enforcers cannot use the interview or any proof from your interview against you at trial for your instant crime in the future, except for impeachment if you testified inconsistently. The assessment should detail the mental health or substance abuse challenges, if present, to enable the judge and relevant parties to decide on how to handle your criminal case.
Together with the court’s order for your mental health and drug abuse assessment and with your consent, the judge can instruct that the case worker or any other skilled person decide whether you qualify for Medicare, Medi-Cal, or other benefits or evaluations per HS 11395.
If you did not in the past consent to a qualification determination during arraignment, the judge can require a determination of whether you qualify as a precondition of your agreement to undergo and complete the drug treatment program under HS 11395.
Your treatment program can include mental health treatment, substance abuse treatment, work training, and other conditions associated with your treatment or outcomes that the judge deems appropriate. Here is what to expect:
- Care — The levels of care vary based on your individual needs. Some individuals require detox first, which is a medically supervised method to eliminate substances from their system safely. In contrast, others require residential treatment, where they reside at the facility for a specific period.
- Therapy – Therapy addresses the root causes of substance use. Through personalized counseling and group sessions, you can unpack the reason behind the substance use. For most clients, this is an integral part of their healing journey.
- Drug testing — Drug testing helps you stay on track and accountable. Structure and accountability help you achieve long-term change.
- Partnering with a case manager — The work of case managers involves coordinating care and helping you with practical challenges like securing housing, employment, or healthcare services.
- Acquiring new skills — These are critical skills necessary for living free of substance use. The new skills can include financial planning, stress management, and building healthy relationships.
- Mental health treatment — The treatment seeks to help individuals struggling with mental health issues related to substance addictions and other conditions like anxiety, depression, or trauma.
The court will conduct hearings to evaluate your progress. The court will refer you to the treatment programs offering free services, which the court approves and deems the relevant parties and substance addiction experts effective and credible. You can also decide to fund your court-approved treatment program personally.
Any time you spend on residential treatment earns you actual credits based on PC 2900.5. You do not earn conduct credits under any regulation, including PC 4019. The time spent in other forms of treatment programs or counseling does not qualify for any credits.
What Happens After Completing the Program?
Once you complete your treatment program, the court could dismiss your criminal charge. A dismissal after treatment completion is not considered a conviction, even when determining punishment.
What Happens After Failing to Complete the Program?
If at some point you perform unsatisfactorily in your treatment program, are not gaining from the treatment, are not responsive to treatment, have declined treatment, or have been found guilty of an offense committed after enrolling for treatment, the prosecution team, the court by itself, or the probationary department could file a motion for entry of judgment and sentencing. Once they notify you, the court will schedule a hearing to decide whether it should enter judgment and sentence you.
If found guilty of committing an offense after starting your treatment program, the court could refer you to treatment, provided the move serves the interest of justice. However, you should agree to undergo and complete the treatment specified by HS 11395.
How HS 11395 Compares to Its Alternatives
These alternatives are as follows:
- Drug diversion program — PC 1000 sets forth a pretrial diversion program for drug-related offenses involving simple possession for personal use. The program permits non-violent drug defendants to receive education and treatment instead of serving time. After completing the program, the court will dismiss your drug charges, leaving you without a criminal record.
- California drug court — It is an outpatient substance abuse program that permits a person facing non-violent drug charges to avoid a conviction and serving time. The treatment typically lasts nine months to three years, allowing you to continue your daily routine and work. After completing rehabilitation, the court will dismiss the charge and clear your record, allowing you to deny ever facing drug criminal charges lawfully. You qualify for drug court if you have a drug addiction and are charged with a low-level drug charge, like being under the influence, marijuana possession, or drug possession. However, suppose you are prosecuted for a more severe crime. In that case, you can engage in plea bargain negotiations to reduce the charge to simple possession to be eligible for California drug court.
- Prop 36— It is the earlier version of treatment-based sentencing for non-violent drug defendants. After completing your court-approved drug treatment program, the court will dismiss your conviction or criminal charges. The law requires the first and second defendants found guilty of nonviolent drug possession crimes to receive a year of substance abuse treatment instead of serving time.
Unlike the above alternatives, the treatment-mandated felony act focuses on defendants with previous convictions. It offers better intervention for individuals with substance abuse issues.
How a Skilled Lawyer Can Help You
Here are reasons why you need experienced legal assistance:
Engage in Plea Bargain
A plea bargain entails discussions between the prosecution team and the defense to reach an agreement that benefits all parties. The accused agrees to plead guilty to less severe charges or accept penalties to avoid incarceration.
The prosecutor will likely offer a favorable deal when they know you have legal representation. Your skilled defense lawyer can negotiate better terms.
Plea bargains come with deadlines and pressure. Your lawyer can help you understand the terms of taking a plea and the repercussions of accepting it.
Challenging Evidence against You
Challenging proof is a fundamental approach in building a robust case defense. It entails examining the prosecutor’s proof to identify procedural errors, inconsistencies, or inaccuracies. It requires attention to detail and a comprehensive understanding of the law.
Present a Robust Case Defense
It involves drafting a persuasive narrative, reinforced by proof that challenges the prosecutor’s claim. To develop a robust defense strategy, your lawyer can collect and analyze evidence, cross-examine witnesses, and present an alibi. It requires effective communication in court and detailed investigations.
The goal is to cast doubt on the prosecutor’s case and increase the chances of obtaining the most favorable case outcome.
Protect Your Constitutional Rights
Your attorney will also ensure that law enforcement protects your legal rights throughout your legal process. They will analyze every case aspect, including your arrest and evidence collection, ensuring law enforcers comply with proper procedures. If the law enforcers violated your legal rights at any point, the lawyer can file a motion to suppress evidence or even have your criminal case dismissed.
Help You Navigate the Criminal Judicial Process
Your lawyer can guide you through the complicated criminal judicial process. From filing relevant paperwork with stringent deadlines to interpreting legal jargon, the attorney will keep you prepared for and informed of all stages of your proceedings and handle technical facets of your case and all communications. That way, you can make informed decisions, increasing your chances of obtaining a favorable case outcome.
Find a Competent and Aggressive Criminal Defense Attorney Near Me
Treatment-mandated felony helps defendants charged with certain drug-related crimes avoid serving time. Instead, you, the defendant, engage in an individualized treatment program that addresses drug addiction, which is the root cause. The focus is on rehabilitation instead of punishment. Leah Legal, a seasoned Van Nuys-based attorney, can evaluate your criminal case facts to determine whether you are eligible. We can also present proof of your willingness to rehabilitate before the judge. Please call us at 818-484-1100 to schedule your initial consultation and start the journey of rebuilding your life.
