Opinion No. (2001)

BILL LOCKYER Attorney General JONATHAN R. DAVIS Deputy Attorney General THE HONORABLE TONY RACKAUCKAS, DISTRICT ATTORNEY OF ORANGE COUNTY, has requested an opinion on the following question: Does the voters' adoption of Proposition 36, effective July 1, 2001, repeal the deferred entry of judgment program for narcotics and drug abuse cases? CONCLUSION The voters' adoption of Proposition 36, effective July 1, 2001, does not repeal the deferred entry of judgment program for narcotics and drug abuse cases. ANALYSIS We are asked to determine whether the voters' adoption of Proposition 36, effective July 1, 2001, repeals the deferred entry of judgment program specified in Penal Code sections 1000 - 1000.8 1 for narcotics and drug abuse cases. We conclude that the deferred entry of judgment program has not been repealed by the electorate. On November 7, 2000, the voters of California adopted Proposition 36, the "Substance Abuse and Crime Prevention Act of 2000" (Act), effective July 1, 2001. Among its provisions, the Act has added sections 1210 , 1210.1 , and 3063.1 . Subdivision (a) of section 1210.1 , concerning the granting of probation for nonviolent drug offenses, states in part:…