Arizona Rules Governing Probation for Drug-Related Crimes, Proposition 302 (2002)

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Arizona Proposition 302, also known as the Rules Governing Probation for Drug-Related Crimes Act was on the November 5, 2002 ballot in Arizona as a legislatively-referred state statute. It was approved.[1]

Proposition 302 changed how probation for drug offenders is treated in the state.

Election results

Rules Governing Probation for Drug-Related Crimes
ResultVotesPercentage
Approveda Yes 803,354 69.8%
No348,36930.2%
Election results from Arizona Elections Department.

Text of measure

Full text

The full text of the legislation approved by Proposition 302 is available here.


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History of drug-related crime laws in Arizona

In 1996, voters approved Proposition 200, the Drug Medicalization, Prevention and Control Act of 1996. Proposition 200 changed several laws about drug-related crimes so that:

  • In most cases, a person convicted for the first time of personal possession or use of a controlled substance is eligible for probation and is not subject to incarceration.
  • As a condition of probation, the offender must attend a drug treatment or education program.
  • If the offender violates probation, the court may impose additional conditions of probation, including intensified drug treatment, community service, intensive probation or home arrest, but may not impose a term of incarceration for the probation violation.
  • A person who has been convicted three times of personal possession or use of a controlled substance may be sentenced to a term of incarceration or may be eligible for probation pursuant to other statutes in effect.

Proposition 302 expanded that law so that:

  • A person who is convicted for the first time of personal possession or use of drug paraphernalia is also eligible for probation and drug treatment and is not subject to incarceration.
  • A court is allowed to impose a term of incarceration on a person who is on probation for a first offense involving personal possession or use of a controlled substance or drug paraphernalia but only if the offender violated probation by committing another drug-related offense or violated a court order relating to drug treatment.
  • A probation department or prosecutor is allowed under Proposition 302 to petition the court to revoke an offender's probation if the offender fails or refuses to participate in drug treatment while on probation. If the court revokes probation, the offender would be sentenced under Arizona's drug laws.
  • Any person who has been convicted of personal possession or use of a controlled substance or drug paraphernalia, regardless of the number of prior convictions, is subject to incarceration and is not be eligible for probation if the person refuses drug treatment as a term of probation or rejects probation as a sentencing alternative.
  • If the person is not eligible for probation under the personal possession or use laws, the court may still impose probation if the person is otherwise eligible for probation under the general probation laws for convicted persons.

See also

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References