Calif. Study Examines Effectiveness of Prop. 36September 27, 2004
Research Summary
A University of California at Los Angeles study finds that 25 percent of drug offenders in California who elect drug treatment over prison under Proposition 36 complete the program. However, 30 percent of offenders never even start drug treatment, the Sacramento Bee reported Sept. 23.The controversial program, which took effect in 2001, has had mixed reviews. Supporters of Proposition 36 said it has led 30,000 people to drug treatment for the first time and established a path for future recovery.
"Proposition 36 is a success both in human terms and public-policy terms," said Glenn Backes, national health-policy director for the Drug Policy Alliance.
However, critics of Proposition 36 argue that the law prevents the courts from wielding greater influence over offenders with vast criminal histories and rehabilitation needs. "The idea of getting folks off the drugs is outstanding. But that 25 or 35 percent are completing treatment is good news -- that's something we'd disagree with," said David LeBahn, director of the California District Attorneys Association.
According to the study, 50,335 offenders chose to participate in drug treatment from July 1, 2002 to June 30, 2003. Of those, seven out of 10 actually entered treatment. About one-third of those who did enter treatment completed it.
The study showed that offenders with severe drug problems failed to receive the level of treatment that they needed.
LeBahn said people who are arrested for being under the influence of drugs often don't get treatment, while those arrested on suspicion of possessing drugs for sale are sent to treatment. He said Proposition 36 removes a judge's discretion in who should receive treatment.
"That's frustrating for prosecutors because people in courts see someone needy who doesn't get services," LeBahn said. "Then a drug seller is not a user but a felon -- and gets the program."
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