What is Prop 36 Drug Treatment?

Proposition 36 allows first- and second-time nonviolent, simple drug possession offenders in California the opportunity to receive substance-abuse treatment instead of incarceration. In the first six years of operation, more than 150,000 people were enrolled and by some estimates the state saved more than $1 billion that otherwise would have been spent on the care of prisoners and the construction of new prisons. Instead, addiction is being treated as a public health problem under Proposition 36.

History

• California voters passed the Substance Abuse and Crime Prevention Act, also known as Proposition 36, by a 61 percent margin on Nov. 7, 2000. Proposition 36 went into effect on July 1, 2001. The University of California, Los Angeles (UCLA), was charged with issuing evaluation reports, providing data and analysis that determined the effectiveness of the program.

Function

• A person accused of drug possession or being under the influence of a controlled substance becomes eligible for Proposition 36 upon their conviction. At that time, the judge is required to sentence the offender to probation and the completion of a drug-treatment program. The probationer is screened and referred to appropriate facilities. A probation officer is assigned to the case. Offenders are required to pay a portion of treatment fees, but in some instances, these may be waived upon completion of the program. Regular court appearances and random drug testing are part of the Proposition 36 conditions. Violation of any conditions may result in revocation of probation and incarceration. If all the court requirements are met, the original charges may be dismissed.

Time Frame

• The judge can order treatment that lasts up to a year. For first offenders, referral to outpatient programs that last six to eight weeks is usual. Failure to meet program requirements at this level are likely to result in the probationer being sentenced to an inpatient program, which typically is for 60 or 90 days. Failed attempts may be met with referral to other inpatient treatment facilities and closer follow-up. Probation is revoked after the third violation, and old statutes apply to the conviction. The person may be sentenced to up to three years in jail. Approximately one in five Proposition 36 participants have probation revoked.

Features

• Drug-treatment programs approved for Proposition 36 referral are licensed and regulated by the state of California. Outpatient treatment may be provided by county drug and alcohol programs or by private or non-profit organizations. Treatment involves assignment to a case worker, treatment planning, one-on-one counseling sessions and facilitated group discussions. Education about addiction is provided and attendance at 12-step meetings such as Narcotics Anonymous on the person's own time may be required.
  Inpatient or residential facilities offer all of the above services on-site. A period of restriction, when the client is not allowed to leave, have visitors, or receive phone calls for 30 days or more is typical. Depending on the setting, therapists and more specialized group settings, organized recreation, family participation, aftercare and outreach programs widen the scope of treatment.

Effects

• Proponents of Proposition 36 say it saves lives. However, a 2008 UCLA press release stated, "The effectiveness of Proposition 36...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."