2024 Proposition 36 Guide
California Proposition 36: Who Can Face an HS §11395 Treatment-Mandated Felony?
2024 Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, took effect December 18, 2024. It made several criminal-law changes. One of them created Health and Safety Code §11395, the Treatment-Mandated Felony. This guide explains who may face that charge and how its treatment option works at a high level.
Quick answer
Who Can Face an HS §11395 Charge?
- HS §11395 generally concerns possession of a qualifying hard drug.
- It also requires two or more qualifying prior drug convictions listed in the statute.
- Not every past drug contact counts. Arrests or charges without a conviction do not.
- If §11395 applies, the statute provides a treatment option after a guilty or no contest plea.
Three questions
HS §11395: Three Different Questions
Three HS 11395 questions: current possession, prior convictions, treatment option.
1. Current possession
Does the present allegation involve a qualifying hard drug?
2. Prior convictions
Are there at least two qualifying prior convictions under the statute?
3. Treatment option
If §11395 applies, what does the statutory treatment framework provide?
Name confusion
Which Proposition 36 Is This?
California has had more than one Proposition 36. The 2000 measure created a drug-treatment sentencing program, and the 2012 measure changed the Three Strikes law. This page is about 2024 Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act, effective December 18, 2024.
Several changes
2024 Proposition 36 Is Not One Program
The measure changed several theft and drug laws. People do not "qualify for Proposition 36" as one program. For drug possession, the key change was the new HS §11395 Treatment-Mandated Felony.
Question 1
Current Possession of a Qualifying Hard Drug
The present allegation must involve a substance the statute defines as a hard drug. For the definition, see What Counts as a Hard Drug Under HS §11395?
Question 2
Two or More Qualifying Prior Convictions
The statute lists which prior drug offenses count. Only convictions for listed offenses qualify; a past arrest or a charge that did not lead to a conviction is not the same thing.
Current official California DOJ guidance on Proposition 36 states that qualifying prior convictions under §11395 are not subject to a washout period. That does not mean every old conviction counts. See Can an Old Drug Misdemeanor Count?
Question 3
How the Treatment Option Works at a High Level
If §11395 applies, the statute provides a treatment option. California DOJ describes it as a deferred entry of judgment structure: the person enters a guilty or no contest plea, and judgment is deferred while treatment happens. It is not ordinary pretrial diversion or PC 1000. See What Is a Treatment-Mandated Felony? and PC 1000 vs. 2024 Proposition 36.
Reading reports
A Note on Proposition 36 Data
The Judicial Council publishes Proposition 36 implementation reports. These reports cover specific periods and reporting courts. They do not predict how any single case will turn out.
Legal note
Whether HS §11395 applies depends on the exact current allegation and prior record. Defense counsel reviews these questions; the court decides.
What ETS can and cannot do
Where Executive Treatment Solutions Fits
ETS does not decide whether HS §11395 applies and does not provide legal advice. ETS coordinates support services that may be relevant if treatment is part of the plan.
Responsibilities
Who Does What?
Prosecutor
Decides what charge to file.
Defense counsel
Reviews the current allegation, priors and options.
Court
Decides legal questions and outcomes.
Qualified provider
Assesses and provides treatment.
ETS
Coordinates support services.
Questions
2024 Proposition 36 and HS §11395: Frequently Asked Questions
Sources & Legal References
Confidential consultation
Support Alongside Your Attorney
ETS can help organize assessment and treatment support while counsel handles the legal questions.
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