An evaluation of California's Proposition 36 conducted by UCLA suggests that while the act had achieved a measure of success it is hampered by insufficient funding, high dropout rates, and an increase in drug-related arrests.

The Substance Abuse and Crime Prevention Act of 2000, which went into effect in July 2001, called for treatment for nonviolent adult drug offenders as an alternative to incarceration or supervision without treatment.

The report conducted by UCLA's Integrated Substance Abuse Programs at the Semel Institute for Neuroscience and Human Behavior said that drug and property crime arrests were higher among Proposition 36 participants than among a comparable group of pre-Proposition 36 drug offenders, perhaps due in part to the fact that the latter group spent more time out on the street. However, the rate of violent crime has dropped more in California than nationally over the same time period.

The researchers also said that although rearrests were more likely in the Proposition 36 group, the measure has created a much less expensive alternative to jail or prison time, saving taxpayers about $2 for every $1 used to finance the program.

About one-half of the over 30,000 drug offenders who enter treatment yearly under Proposition 36 are being treated for the first time, with most offenders receiving outpatient care, according to the UCLA researchers. Residential treatment initiatives have not met rising need due to limited funding and infrastructure, the report said.

The report suggests a number of improvements, including an increase in the use of narcotics treatment programs, employment counseling and residential treatment, as well as graduated sanctions ranging from more drug-test requirements to incarceration for failure to comply with the program's conditions.

A more seamless integration of substance-abuse and mental health services for the mentally ill homeless population, as well as more restrictive management of offenders with prior convictions, were also recommended.

Funding of Proposition 36 remained a concern, with Calif. Gov. Arnold Schwarzenegger vetoing 10 percent of the program's funding due to state fiscal issues. "Funding for Proposition 36 has been insufficient and shrinking over the years, and this has eroded stakeholders' ability to adequately treat and monitor offenders," said Darren Urada, the UCLA evaluation's principal investigator.

A related measure, Proposition 5 (the Nonviolent Offender Rehabilitation Act), is on November's ballot. This measure would integrate Proposition 36 into a tiered system of treatment and supervision.