Section 1210 Of Chapter 1. The Judgment From California Penal Code >> Title 8. >> Part 2. >> Chapter 1.
1210
. As used in Sections 1210.1 and 3063.1 of this code, and
Division 10.8 (commencing with Section 11999.4) of the Health and
Safety Code, the following definitions apply:
(a) The term "nonviolent drug possession offense" means the
unlawful personal use, possession for personal use, or transportation
for personal use of any controlled substance identified in Section
11054, 11055, 11056, 11057 or 11058 of the Health and Safety Code, or
the offense of being under the influence of a controlled substance
in violation of Section 11550 of the Health and Safety Code. The term
"nonviolent drug possession offense" does not include the possession
for sale, production, or manufacturing of any controlled substance
and does not include violations of Section 4573.6 or 4573.8.
(b) The term "drug treatment program" or "drug treatment" means a
state licensed or certified community drug treatment program, which
may include one or more of the following: drug education, outpatient
services, narcotic replacement therapy, residential treatment,
detoxification services, and aftercare services. The term "drug
treatment program" or "drug treatment" includes a drug treatment
program operated under the direction of the Veterans Health
Administration of the Department of Veterans Affairs or a program
specified in Section 8001. That type of program shall be eligible to
provide drug treatment services without regard to the licensing or
certification provisions required by this subdivision. The term "drug
treatment program" or "drug treatment" does not include drug
treatment programs offered in a prison or jail facility.
(c) The term "successful completion of treatment" means that a
defendant who has had drug treatment imposed as a condition of
probation has completed the prescribed course of drug treatment as
recommended by the treatment provider and ordered by the court and,
as a result, there is reasonable cause to believe that the defendant
will not abuse controlled substances in the future. Completion of
treatment shall not require cessation of narcotic replacement
therapy.
(d) The term "misdemeanor not related to the use of drugs" means a
misdemeanor that does not involve (1) the simple possession or use
of drugs or drug paraphernalia, being present where drugs are used,
or failure to register as a drug offender, or (2) any activity
similar to those listed in (1).