Do provisions of AB109 and the Post Release Community Supervision Act violate Prop 36? If someone is on Prop 36 and they violate its terms, is prison or jail time statutorily mandated. The answer was yes for many years until just recently, when Evan Armogeda challenged his jail sentence after violating Prop 36. The court of appeal agreed with Armogeda, for reasons that can be best termed procedural and reveal very good lawyering. To read about this, click on the following link.