Judge Stops Changes to Prop 36 July 18, 2006
News Summary
A California judge has temporarily blocked a law that would have made changes to Proposition 36, which mandates drug treatment for first- and second-time drug offenders, the Associated Press reported on July 13.
Signed by Gov. Arnold Schwarzenegger on July 12, the law would have allowed offenders to be jailed as punishment for failing to pass a drug test or show up for treatment.
The Drug Policy Alliance sued the governor, arguing that because Proposition 36 was a voter-approved measure, changing it would be unconstitutional.
A study by the University of California, Los Angeles, shows that about 70 percent of offenders show up for treatment, and only 24 percent complete their programs.
Gov. Schwarzenegger increased treatment funding this year, but believes that jail time might be necessary to force offenders to complete treatment.
"Studies have shown Proposition 36 works for those who complete treatment," said Schwarzenegger's Legal Affairs Secretary, Andrea Hoch. "He will defend the legislation to ensure more nonviolent drug offenders complete treatment and remain drug-free."
The case will be heard again on July 28.
Correction Notice:
The original summary incorrectly noted that only 30 percent of offenders show up for treatment. The correct figure is 70 percent.
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