Proposition 36 calls for drug-treatment services as an alternative to incarceration for all first- and second-time nonviolent drug offenders. The initiative does not apply to those caught distributing or selling drugs.

While implementation of Proposition 36 is proceeding as planned, the state is seeing varying enrollment rates. Some counties, such as Sacramento and Santa Clara, have several hundred defendants enrolled in Proposition 36 programs, while others, like San Francisco, have enrolled only a handful.

Officials say the wide variation is linked to the readiness of the county's treatment and justice-system infrastructure and the existence of pre-plea diversion programs prior to Proposition 36.

"Everyone is working within the intent of the law," said Whitney Taylor, Proposition 36 implementation director for The Lindesmith Center/Drug Policy Foundation. "We're heartened to see the cooperation between all the different players."

In addition, the state legislature is addressing concerns about program evaluation and accountability provisions. One bill would allocate $18 million for drug testing, which is currently not included in Proposition 36.

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