People v. Strong (2006)

In People v. Strong (2006) 138 Cal.App.4th Supp. 1, the defendant was granted DEJ for a drug possession offense. He violated the terms of the DEJ by failing to report to probation and failing to enroll in and attend a drug treatment program. When the defendant was arrested for violating the terms of the DEJ, he requested Proposition 36 probation. The trial court denied the request, finding the defendant's failure to comply with the terms of his DEJ indicated he was not interested in drug treatment while on probation. The appellate division of the superior court affirmed. The court concluded that the DEJ is the equivalent of probation and that ineligibility pursuant to section 1210.1, subdivision (b)(4) is not limited to those who specifically refuse Proposition 36 drug treatment. (Strong, at pp. Supp. 5-6.) Strong relied on the statutory definition of probation. Section 1203, subdivision (a) provides in part, "As used in this code, 'probation' means the suspension of the imposition or execution of a sentence and the order of conditional or revocable release in the community under the supervision of a probation officer." The court pointed out: "When appellant was granted DEJ no sentence was imposed and he was ordered to report to the probation department immediately and thereafter report as directed. Thus, appellant was released into the community under the supervision of a probation officer under specified conditions, including that he enter into drug treatment and test when requested. This type of program would appear to fall within the definition of 'probation.' " (People v. Strong, supra, 138 Cal.App.4th at pp. Supp. 5-6.)