Drug Treatment Alternatives to Jail Going Unfunded
Proposition 36 was passed by California voters in 2000 by a margin of 60%. Now, that program, which sought to save the state money and help non violent drug offenders is completely unfunded by the state and falling apart.
The program was created to mandate that first and second time drug possession defendants get an opportunity for treatment instead of jail time. For the first five years, $120 million was allocated to the program annually. In 2008-2009 that amount fell to $108 million. In 2009-2010 is plummeted to $18 million and this year Governor Brown is proposing no funding for it at all.
According to the Oakland Tribune and the Drug policy Alliance, Prop. 36 has helped 36,000 per year. For every single dollar invested in the program, the state saved $2.50 to $4 in incarceration costs. Over the past several years since its inception, this has added up to a total savings of about $2 billion.
What this means to the offenders who are legally entitled to treatment isn’t clear. Some counties seem to be confusing the term “unfunded” to mean the mandate is no longer in effect. Proposition 36 didn’t “recommend” treatment, it required it. To abandon it could open up the counties to lawsuits and effective sentence appeals.
Currently, treatment providers are maintaining waiting lists because they simply can’t continue treating offenders for free. “We have known a better time where there was case management, workers that were there in the court to ensure that people got from the courthouse into treatment,” says the director of one treatment center. “That linkage between the courthouse and the treatment program no longer exists.”
In other words what California voters saw as the right method of justice is completely falling apart due to lack of funding. But why didn’t Proposition 36 continue to be funded if it was so effective at saving the state money? That’s a good question and one that doesn’t seem to have a rational answer. A spokesperson for the Drug Policy Alliance states “Alas, the power of denial is strong among legislators and the self-interested, evidence be damned law enforcement lobby.”
When you are facing charges of possession or even possession with intent to distribute, drug treatment is often a far more effective consequence than jail. While Proposition 36 didn’t apply to all drug crimes, a local criminal defense lawyer may help you get a beneficial plea agreement where the outcome is treatment or probation including treatment.
If you are facing charges like these, contact our offices today for a consultation on your case.
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