California Proposition 36 (2000)
Encyclopedia
California Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, was an initiative
statute
that permanently changed state law to allow qualifying defendant
s convicted of non-violent drug possession
offenses to receive a probationary sentence
in lieu of incarceration
. As a condition of probation
defendants are required to participate in and complete a licensed and/or certified community drug treatment program. If the defendant fails to complete this program or violates any other term or condition of their probation, then probation can be revoked and the defendant may be required to serve an additional sentence which may include incarceration.
The proposition was passed with 6,233,422 (60.86%) votes in favor and 4,009,508 (39.14%) against on November 7, 2000 and went into effect on July 1, 2001 with $120 million for treatment services allocated annually for five years. The act is codified in sections 1210 and 3063.1 of the California Penal Code
and Division 10.8 of the California Health and Safety Code
.
was critical of Proposition 36 because many in the program fail to complete treatment. About 34 percent of drug offenders actually complete treatment. Schwarzenegger attempted to reform the proposition by enacting Senate Bill 1137. The bill would have given judges the power to sentence jail time for a brief period to drug offenders who relapsed. Proposition 36 supporters objected to the changes and an Alameda County
court ordered an injunction
on the reforms. Senate Bill 1137 did not go into effect.
, meaning that defendants who had to attend unlicensed drug rehabs prior to Prop 36 and the Drug Courts are not afforded the opportunity to have their cases reheard in court
. Prop 36 and the Drug Courts have discontinued the use of unlicensed rehabs as sentencing tools due to concerns that unlicensed treatment could be unethical. Many drug offenders who had used use unlicensed rehabs had been abused and are unable to appeal past convictions due to the formation of the Drug Courts. Unlicensed rehabs are no longer used, but people who relied on them are not afforded any of Prop 36's protection. If Prop 36's benefits had been extended retroactively, these people would have received them; at present, they do not.
The state has been accused of misrepresenting agencies as Prop 36 supporters. For instance, the "SACPA-related links" section of the state Department of Alcohol and Drug Treatment Programs
(ADP) website linked to the California Area Indian Health Services website. When the Indian Health Services office was contacted about this soon after Prop 36's passage, it stated that it was a federal agency and neither knew about nor endorsed Prop 36. The Indian Health Services did not know anything about being cited as a supporter of Prop 36, and contacted Kurt Klemencic of the ADP and had the federal link taken down from the state site. Klemencic stated that a person named Martin Martinez suggested the federal office's inclusion, but made no mention that it was, in fact, a federal office and that the inclusion was at the time when the federal government was disputing California's new lenient position on legalized marijuana quite actively.
Richard Krupp, the manager of the Substance Abuse Program Section of the California Department of Corrections and Rehabilitation
(CDCR), in 2004 questioned claims that Prop 36 had delivered the fiscal savings predicted by the state Legislative Analysts Office at the time voters considered the measure. In particular, Krupp noted that internal CDCR statistics showed that many parolees who violated parole conditions due to drug use and were then diverted into treatment pursuant to Prop 36, ended up committing new crimes while ostensibly in drug treatment programs. As a result, the California prison population actually increased because approximately 6-in-10 drug use-related parole violations that prior to the passage of Prop 36 would have resulted in re-imprisonment for 90-days, instead resulted in the commission of new crimes, with resultant prison terms of 2–4 years.
, which was chosen to run the required evaluation of Proposition 36, has issued three annual reports on the implementation and impact of the program since 2003. These reports provide data and analysis that help state legislators determine the future of the program each year.
A UCLA study released in April 2006 showed Proposition 36 is saving taxpayers $2.50 for every $1 invested. According to the Drug Policy Alliance
, total savings for taxpayers over the past five years total $1.4 billion. Another UCLA study found that convicted drug users had become more likely to be arrested on new drug charges since the proposition took effect
.
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
that permanently changed state law to allow qualifying defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s convicted of non-violent drug possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
offenses to receive a probationary sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
in lieu of incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
. As a condition of probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
defendants are required to participate in and complete a licensed and/or certified community drug treatment program. If the defendant fails to complete this program or violates any other term or condition of their probation, then probation can be revoked and the defendant may be required to serve an additional sentence which may include incarceration.
The proposition was passed with 6,233,422 (60.86%) votes in favor and 4,009,508 (39.14%) against on November 7, 2000 and went into effect on July 1, 2001 with $120 million for treatment services allocated annually for five years. The act is codified in sections 1210 and 3063.1 of the California Penal Code
California Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
and Division 10.8 of the California Health and Safety Code
California Health and Safety Code
California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. The California Health and Safety Code is the code covering the subject areas of health and safety.-External links:...
.
Results
Qualified Defendants
Not all defendants convicted of a non-violent drug possession offense are eligible for probation and treatment under Prop 36. Subdivision (b) of section 1210.1 of the California Penal Code deems the following defendants ineligible for the program:- Any defendant who has been incarcerated within the last five years for a serious or violent felony offense.
- Any defendant convicted in the same proceeding of a non-drug related misdemeanor or felony.
- Any defendant who, during the commission of the offense, was in possession of a firearm and, at the same time, was either in possession of or under the influence of cocaine, heroin, methamphetamine or phencyclidine (PCP).
- Any defendant who refuses treatment.
- Any defendant who has two separate drug related convictions, has participated in Prop 36 twice before, and who is found by the court by clear and convincing evidence to be unamenable to any and all forms of available drug treatment. In such cases the defendant shall be sentenced to 30 days in jail.
Reform
Former Governor Arnold SchwarzeneggerArnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
was critical of Proposition 36 because many in the program fail to complete treatment. About 34 percent of drug offenders actually complete treatment. Schwarzenegger attempted to reform the proposition by enacting Senate Bill 1137. The bill would have given judges the power to sentence jail time for a brief period to drug offenders who relapsed. Proposition 36 supporters objected to the changes and an Alameda County
Alameda County, California
Alameda County is a county in the U.S. state of California. It occupies most of the East Bay region of the San Francisco Bay Area. As of the 2010 census it had a population of 1,510,271, making it the 7th most populous county in the state...
court ordered an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
on the reforms. Senate Bill 1137 did not go into effect.
Criticism
Prop 36 is not retroactiveEx post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
, meaning that defendants who had to attend unlicensed drug rehabs prior to Prop 36 and the Drug Courts are not afforded the opportunity to have their cases reheard in court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. Prop 36 and the Drug Courts have discontinued the use of unlicensed rehabs as sentencing tools due to concerns that unlicensed treatment could be unethical. Many drug offenders who had used use unlicensed rehabs had been abused and are unable to appeal past convictions due to the formation of the Drug Courts. Unlicensed rehabs are no longer used, but people who relied on them are not afforded any of Prop 36's protection. If Prop 36's benefits had been extended retroactively, these people would have received them; at present, they do not.
The state has been accused of misrepresenting agencies as Prop 36 supporters. For instance, the "SACPA-related links" section of the state Department of Alcohol and Drug Treatment Programs
California Department of Alcohol and Drug Programs
The California Department of Alcohol and Drug Programs is a California state agency concerned with substance abuse prevention and treatment...
(ADP) website linked to the California Area Indian Health Services website. When the Indian Health Services office was contacted about this soon after Prop 36's passage, it stated that it was a federal agency and neither knew about nor endorsed Prop 36. The Indian Health Services did not know anything about being cited as a supporter of Prop 36, and contacted Kurt Klemencic of the ADP and had the federal link taken down from the state site. Klemencic stated that a person named Martin Martinez suggested the federal office's inclusion, but made no mention that it was, in fact, a federal office and that the inclusion was at the time when the federal government was disputing California's new lenient position on legalized marijuana quite actively.
Richard Krupp, the manager of the Substance Abuse Program Section of the California Department of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation
The California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
(CDCR), in 2004 questioned claims that Prop 36 had delivered the fiscal savings predicted by the state Legislative Analysts Office at the time voters considered the measure. In particular, Krupp noted that internal CDCR statistics showed that many parolees who violated parole conditions due to drug use and were then diverted into treatment pursuant to Prop 36, ended up committing new crimes while ostensibly in drug treatment programs. As a result, the California prison population actually increased because approximately 6-in-10 drug use-related parole violations that prior to the passage of Prop 36 would have resulted in re-imprisonment for 90-days, instead resulted in the commission of new crimes, with resultant prison terms of 2–4 years.
Evaluation
The University of California, Los AngelesUniversity of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
, which was chosen to run the required evaluation of Proposition 36, has issued three annual reports on the implementation and impact of the program since 2003. These reports provide data and analysis that help state legislators determine the future of the program each year.
A UCLA study released in April 2006 showed Proposition 36 is saving taxpayers $2.50 for every $1 invested. According to the Drug Policy Alliance
Drug Policy Alliance
The Drug Policy Alliance is a New York City-based non-profit organization, led by executive director Ethan Nadelmann, with the principal goal of ending the American "War on Drugs"...
, total savings for taxpayers over the past five years total $1.4 billion. Another UCLA study found that convicted drug users had become more likely to be arrested on new drug charges since the proposition took effect
.
See also
- Drug policy of CaliforniaDrug policy of CaliforniaDrug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been decriminalized, but its cultivation and sale remain criminal offenses, along with the possession, sale, and manufacture of harder drugs such as...
- California Proposition 66 (2004)California Proposition 66 (2004)Proposition 66 was a California ballot proposition on the November 2, 2004 ballot. It was a proposed amendment to the California three-strikes law . Prop 66 would have required the third felony charge against a suspect to be special violent and/or serious crimes to mandate a 25-years-to-life sentence...
, a failed amendment to the three strikes law