Can a defendant who was granted drug diversion probation under the deferred entry of judgment statute be sentenced to jail if he violates the conditions of probation?

Defendant was granted drug diversion probation under Proposition 36, which is analogous to the deferred entry of judgment statutes in some ways but not identical. (People v. Canty, supra, 32 Cal.4th at p. 1285.) The issue is whether probation could be revoked and sentence imposed once he violated the conditions of probation.

"Following the enactment of Proposition 36, . . . a defendant who has been convicted of a 'nonviolent drug possession offense' must receive probation and diversion into a drug treatment program, and may not be sentenced to incarceration as an additional term of probation." (People v. Canty, supra, 32 Cal.4th at pp. 1272-1273.) "As a condition of probation the court shall require participation in and completion of an appropriate drug treatment program. The court shall impose appropriate drug testing as a condition of probation. . . . Probation shall be imposed by suspending the imposition of sentence." ( 1210.1, subd. (a).) The court may revoke Proposition 36 probation if the defendant "violat[es] a non-drug-related condition of probation." ( 1210.1, subd. (f)(2).) "If probation is revoked . . . , the defendant may be incarcerated pursuant to otherwise applicable law . . . ." ( 1210.1, subd. (f)(1).)