By Cayla Mihalovich, CalMatters
It’s been practically a yr since Californians overwhelmingly permitted Proposition 36, a tough-on-crime measure offering what backers referred to as “mass treatment” for these going through sure drug prices. However few defendants have discovered a transparent path to restoration beneath the legislation, in line with new knowledge launched by the state.
Prop. 36 gave prosecutors the flexibility to cost folks convicted of varied third-time drug offenses with a so-called treatment-mandated felony, which might give them a alternative between behavioral well being therapy or as much as three years in jail or jail. In the event that they settle for, they might enter a responsible or no contest plea and start therapy. Those that full therapy have their prices dismissed.
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Within the first six months for the reason that legislation took impact, roughly 9,000 folks have been charged with a treatment-mandated felony, in line with the first-of-its-kind report launched this month by the state’s Judicial Council. Practically 15% — or 1,290 folks — elected therapy.
To date, of the 771 folks positioned into therapy, 25 accomplished it.
The information displays how completely different counties are utilizing the legislation, with the very best variety of treatment-mandated felonies charged in Orange County at 2,395. Kings and Napa counties every had one such cost.
San Diego County accounted for roughly one-third — or 427 of 1,290 — circumstances through which defendants selected to pursue therapy, however didn’t report what number of have been positioned into therapy or accomplished it.
The report notes that this lacking knowledge contributes to “a substantial portion of the drop-off” regarding the total quantity of people that elected therapy however haven’t but been positioned.
Francine Byrne, director of prison justice providers on the Judicial Council, mentioned counties are nonetheless determining find out how to implement the legislation — and in lots of jurisdictions, it could possibly take folks some time to opt-in to therapy as they transfer by means of the courtroom course of.
“It’s not acceptable that so few people are actually going into treatment,” mentioned Jonathan Raven, an govt on the California District Attorneys Affiliation, which supported the measure. “The goal of this ballot measure was to take that population of people who have a substance use disorder and get them help, find them a pathway out of the criminal justice system and dismiss their cases. And that doesn’t seem to be what’s happening across the state.”
Raven mentioned that district attorneys have been making an attempt to implement Prop. 36 based mostly on the need of the voters, however have been doing it “with one hand tied behind their back.”
None of that funding was obtainable through the time interval related to the report, which checked out case counts between Dec. 18 and April 30.
Kate Chatfield, govt director of the California Public Defenders Affiliation mentioned the information proves that Prop. 36 “is a fail” — not as a result of persons are therapy resistant however as a result of therapy just isn’t obtainable.
“There’s no indication that anything will change,” she mentioned. “Meanwhile, proponents are spending precious county resources on prosecution and incarceration in local jails and saying — magically — some money will appear for treatment. Proponents are the ones preventing those resources from being spent on treatment.”
