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Solutions for Treatment Expansion (STEP) • March, 2002 |
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In November, 2000, sixty-one
percent of California voters approved Proposition 36, the
"Substance Abuse and Crime Prevention Act of
2000." The law significantly changed the state’s
criminal justice and drug treatment systems, routing
thousands of nonviolent drug offenders into treatment
instead of prison.
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Proposition 36 requires that
adults convicted of specified nonviolent drug related offenses
will receive probation, unless some other provision of the law
applies which would preclude participation. Alcohol-related
crimes are excluded from Proposition 36, unless the offense is
also drug related. Conditions of that probation include that
the offender is to participate in and successfully complete
drug treatment services in lieu of incarceration. Additional
services such as training, education or family counseling may
be offered or imposed. Previously, these offenders were
sentenced to jail or prison terms, or released on probation
into the community, often without treatment. |
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Background |
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The premise of Proposition 36 is
that by diverting offenders to appropriate treatment instead
of incarceration, public health and safety will be improved,
and taxpayer dollars thereby saved.
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Research has shown that combining
criminal justice sanctions with drug treatment can be
effective in decreasing drug use and related crime.
Individuals under legal coercion tend to stay in treatment
longer and do as well as or better than others not under legal
pressure. Often, abusers of alcohol and other drugs come into
contact with the justice system earlier than other health or
social systems. Intervention by the justice system ordering
the individual into treatment may help interrupt and shorten a
career of drug use. Recognizing that relapse is part of the
disease of addiction, Proposition 36 provides for more than
one episode of treatment if warranted.
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Two components that contribute to
the success of criminal justice diversion programs to
treatment — drug testing and incarceration as a sanction for
non-compliance — are not included as part of Proposition 36.
Proposals to the California legislature to provide funding for
drug testing have not yet been acted upon.
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Provisions of Proposition 36 |
- Sentencing laws state
that offenders convicted of non-violent drug
possession shall be sentenced to probation and
drug treatment instead of incarceration or
probation without treatment. Those offenders who
refuse treatment are excluded and can be sentenced
to prison or jail.
- Violation of
probation
could
result in revocation of probation, in which case
the defendant may be incarcerated according to an
otherwise applicable law without regard to the
provisions of Proposition 36.
- Parole violation
laws
now
require that certain parole violators must
complete drug treatment within the community,
rather than being returned to prison. This
includes violators who commit nonviolent drug
possession offenses and those who violate
drug-related conditions of their parole.
- Up to one year
of drug treatment within
the community is available for certain
offenders. Up to six months of additional
follow-up care can be required.
- Drug treatment
program
means a
treatment program that is licensed and/or
certified by the California Department of Alcohol
and Drug Programs (DADP), having services ranging
from outpatient treatment through residential
care.
- Treatment providers
working with Proposition 36 clients must be licensed
or certified by
the California Department of Alcohol and Drug
Programs (DADP). (For licensing and certification
standards, see DADP website: www.adp.cahwnet.gov/)
- Program services
may include drug education, group and
individual counseling, family counseling, or
vocational or educational services. Proposition 36
funds may not be used for drug testing.
- Referral and
case management
is
performed by the Probation Department. Clients are
screened and referred to an appropriate treatment
program, based on the individual’s needs. The
treatment program assesses the client for
appropriateness and either admits the client or
notifies Probation that he/she is not appropriate.
Follow-up and case management is performed by
Probation staff.
- Successful
completion of treatment
means that
a defendant who has had drug treatment imposed as
a condition of probation has completed the
prescribed course of treatment, and, as a result
there is reasonable cause to believe that the
defendant will not abuse controlled substances in
the future.
- Offenders must
pay for their treatment,
if they are reasonably able to do so.
Determining a person’s ability to pay is
part of the assessment process.
- Dismissal of
charges
occurs
upon successful completion of treatment and all
probation requirements. Although the charges will
be dismissed once the treatment program is
completed and probation requirements are met, the
conviction may be disclosed by the Department of
Justice in response to any peace office
application request or any law enforcement
inquiry.
- State funds
are
appropriated to counties for administration,
coordination and treatment operations and related
services. San Diego County’s annual allocation
is $9 million, of which 22% is allocated to
Probation, and 78% is allocated for treatment
services. Services specifically excluded from
Proposition 36 are drug testing and construction
of new treatment facilities.
- Differences
between Proposition 36 and Drug Court: In
Prop. 36, all defendants charged with offenses
defined in the statute are automatically
considered part of Prop. 36 unless they opt not to
go for treatment or are considered non-amenable.
In contrast, people are not automatically eligible
for Drug Court. Their attorneys must present
clients with the option and those clients must
agree to participate. In Drug Court, judges may
use brief periods of incarceration as sanctions
for individual defendants as needed. In Prop. 36,
incarceration may not be used as a sanction. In
Prop. 36, upon successful completion of the
program, the record may be disclosed for inquiries
from law enforcement. Upon successful completion
of Drug Court, the record of the arrest and
conviction is completely expunged.
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A nonprofit organization with local
and national projects advancing public health
through changes in policy and community norms, the
Institute for Public Strategies has offices in San
Diego and Ventura, California; Bozeman, Montana;
and Tijuana, Mexico. |
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For more information contact the
Institute for Public Strategies at (619) 296-3311 or email
info@publicstrategies.org |
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