In 2000, California voters directed the state to offer addiction treatment rather than prison to low-level drug offenders, but state lawmakers voted this week to amend the voter-approved Proposition 36 to send some offenders to jail if they don't comply with their treatment plans, the Associated Press reported June 28.

The measure passed overwhelmingly -- by a 27-2 vote in the Senate and 64-8 in the Assembly. Lawmakers said that Gov. Arnold Schwarzenegger told them he would veto $151 million in treatment funding allocated to Prop 36 if the jail measure was not passed.

Backers of Proposition 36 vowed to go to court to block the change if  Schwarzenegger signs the bill into law. But a spokesperson for the governor said, "If you can improve the number of people who complete the programs, you can reduce the number of people committing new crimes. That's the goal."

The measure would allow judges to sentence offenders to "flash incarceration" of two to five days if they fail drug tests or don't attend treatment. "The threat of a short period of time in jail may be enough to save someone's life by scaring them into taking treatment seriously," said John Ferrera, chief of staff to bill supporter Sen. Denise Ducheny (D-San Diego).

Daniel Abrahamson, legal affairs director for the Drug Policy Alliance, said that the amendment approved by lawmakers amounted to a "direct contradiction of voters' will."

"Prop. 36 clearly stated that courts could not jail people for relapsing during their treatment," Abrahamson said. The legislation says that if a court challenge succeeds, the issue will be put before California voters this fall. In 2000, Prop 36 passed with 60 percent of the vote.

The $151 million for treatment is an increase over the $120 million previously spent under Prop 36, with the added funds directed at counties that have the best treatment completion rates.

Ferrara called the jail provisions approved by lawmakers "a treatment tool. It's not meant to be punishment." But Abrahamson countered: "I have never heard anybody say with a straight face that going to jail is not punishment. To claim otherwise is disingenuous."