Facts About California's Proposition 36
How Addicts Get Treatment Under the Criminal Justice System
Sep 15, 2009
Saving money while increasing public safety is the intent of Proposition 36, also known as the Substance Abuse and Crime Prevention Act. As soon as they are convicted of drug possession or being under the influence, first and second-time offenders are screened and referred to appropriate drug treatment programs, many run by non-profit organizations, that are licensed and regulated by the state.
Offenders are Put on Probation
An officer is assigned to each client. Judges can order the treatment period for up to a year plus six months of aftercare. Offenders are required to pay a portion of the cost of treatment, and are reminded that violations will initiate a return to the criminal justice system and jail for up to three years. Unless public or personal safety is at issue, up to three attempts at treatment are allowed.
What Treatment is Like
If appropriate, short-term outpatient programs are the primary placement. One-on-one with counselors, treatment planners, and facilitated group discussions with education about addictive disease are core to programs. Attendance at outside 12-step meetings is encouraged.
Failing outpatient services earns the offender referral to an inpatient program. Typically, there is an initial restriction period of at least 30 days when residents may not have visitors or phone calls and may not leave the property. Visits and passes may be allowed after that. Twelve step meetings and professional therapists are often available on-site and treatment usually lasts for 60 to 90 days. Many facilities have family and follow-up services, including sober living.
Quality Assurance
The University of California at Los Angeles (UCLA) is the program's appointed watchdog. A UCLA press release on analysis of data stated, "The effectiveness of Proposition 36, a ballot measure approved by California voters in 2000 that offers treatment instead of incarceration for nonviolent drug offenders is being undermined by inadequate funding, participants dropping out of treatment, and increased arrests for drug and property crimes. The good news, however, is that the initiative has saved taxpayers millions of dollars, several promising new programs have the potential to improve Proposition 36's results, and violent crime arrests have decreased more in California than nationally since the proposition's implementation."
Funding Problems
State funding for Proposition 36 has been slashed because of California's budget crisis. Legislators are asking for an amendment allowing "flash incarceration" that returns violators to jail for up to five days. The mandatory referral requirement is still in place, but there are longer waits for fewer treatment beds. Hopefully the recovery of the economy will mean the recovery of Prop 36 and better services for those seeking a different kind of recovery.
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