HS §11395 Definition Guide
What Is a Treatment-Mandated Felony Under California Proposition 36?
2024 Proposition 36 created Health and Safety Code §11395, called a Treatment-Mandated Felony. It is a recidivist drug-possession felony: it involves possession of a qualifying hard drug by someone with two or more qualifying prior convictions. The statute also provides a treatment option, which a person may choose through the statutory framework.
Quick answer
What Is a Treatment-Mandated Felony?
- It is the HS §11395 felony created by 2024 Proposition 36.
- It requires qualifying hard-drug possession plus two or more qualifying prior convictions.
- The statute offers a treatment option through a deferred entry of judgment structure.
- The charge itself is a felony; it is not a promise of treatment instead of custody.
Charge vs treatment path
HS §11395: Charge vs Treatment Path
Flow from qualifying allegation and priors to HS 11395 charge, options review, treatment path and completion.
Qualifying current allegation + qualifying prior convictions
HS §11395 charge
Defendant and counsel review statutory options
Treatment path
If elected and legally available
Completion or noncompletion procedure
2024 Proposition 36
Where the Treatment-Mandated Felony Came From
2024 Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, took effect December 18, 2024. It added HS §11395. This is different from the 2000 Proposition 36 drug-treatment law and the 2012 Three Strikes measure.
Elements
What the Charge Requires
The charge involves possession of a qualifying hard drug, as defined in the statute, and two or more qualifying prior convictions. See What Counts as a Hard Drug? and Can an Old Drug Misdemeanor Count?
Important distinction
Is a Treatment-Mandated Felony the Same as Diversion?
No. California DOJ characterizes §11395's treatment structure as deferred entry of judgment. A guilty or no contest plea comes first, and judgment is deferred during treatment. That is different from pretrial diversion such as PC §1000. See PC 1000 vs. 2024 Proposition 36.
If elected
How the Treatment Option Works
Where the statute allows, the person may elect treatment. Qualified providers handle assessment and treatment. For the workflow, see How the HS §11395 Treatment Process Works.
Two endings
Completion and Noncompletion
Successful completion can lead to dismissal under the statute. If treatment is not completed, the statute sets out a separate procedure. See What Happens if Treatment Is Not Completed? and Does Proposition 36 Clear Your Record?
Legal note
Whether HS §11395 applies and what options exist are legal questions for defense counsel and the court.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not decide whether a charge applies or whether treatment is available. ETS coordinates support services if treatment is part of the plan.
Responsibilities
Who Does What?
Prosecutor
Decides whether to file an HS §11395 charge.
Defense counsel
Reviews the charge and options.
Court
Decides legal questions and outcomes.
Qualified provider
Assesses and treats.
ETS
Coordinates support services.
Questions
Treatment-Mandated Felony: Frequently Asked Questions
Sources & Legal References
Confidential consultation
Support Alongside Your Attorney
ETS can help organize assessments and treatment connections while counsel handles the legal questions.
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