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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.

HS §113952024 Proposition 36

Quick answer

What Is a Treatment-Mandated Felony?

  1. It is the HS §11395 felony created by 2024 Proposition 36.
  2. It requires qualifying hard-drug possession plus two or more qualifying prior convictions.
  3. The statute offers a treatment option through a deferred entry of judgment structure.
  4. 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.

  1. Qualifying current allegation + qualifying prior convictions

  2. HS §11395 charge

  3. Defendant and counsel review statutory options

  4. Treatment path

    If elected and legally available

  5. Completion or noncompletion procedure

The charge and the treatment path are different steps.Source: California Legislative Information (opens in a new tab)

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.

ETS does not provide legal representation.

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

The HS §11395 felony created by 2024 Proposition 36 for qualifying hard-drug possession with two or more qualifying priors.

Sources & Legal References

Executive Treatment Solutions Editorial Team

This guide explains HS §11395 at a general level. It is not legal advice.

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