Study Sees Early Flaws in Prop 36November 29, 2004
Research Summary
A UCLA study concluded that California's Proposition 36, which diverts non-violent drug offenders to treatment programs instead of jail, has done less to curb re-arrest rates than drug courts or probationary programs, the Los Angeles Daily News reported Nov. 27.According to the study, the drug-related rearrest rate for offenders diverted from prison to treatment under Prop 36 was 48 percent higher than for those who remained in the criminal justice system and entered treatment through drug courts or as part of their probation.
The study said part of the problem is that Proposition 36 has overburdened residential programs to the point that many clients who previously were enrolled in inpatient programs are now placed in outpatient programs instead. "Undertreatment appears to be a key ingredient in the recipe for recidivism among drug abusers, particularly for clients with severe drug problems," said David Farabee, lead author and research scientist at the UCLA Neuropsychiatric Institute's Integrated Substance Abuse programs.
The study analyzed treatment participation and recidivism rates of 688 clients from 43 programs in 13 counties who were directed to drug treatment between July 1, 2001, and Dec. 31, 2001.
"Our findings encompass only the early months of Prop. 36," Farabee said. "New programs often need time to become established and to operate as intended. Program outcomes could therefore change."
Superior Court Judge Michael Tynan, who oversees the drug courts in Los Angeles County, said he is working with other judges on legislation that would address the flaws in Proposition 36.
"The true first- and second-time offenders usually do pretty well in the programs," Tynan said. "But for the people who have been using drugs for many years, have mental illnesses and long criminal histories, we're just not set up to handle them. I hope we can get Proposition 36 to the legislature to strengthen it and make it more effective. I think we're squandering at least half of the money now."
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