Prop. 36 The Real Truth

Proposition 36

The Real Truth

As you might already be aware there is a ballot initiative on this upcoming November’s election about drugs, and drug treatment. This measure is called Proposition 36. If this measure were to pass, state law would be changed, so that certain non-violent adult offenders who use or possess illegal drugs would receive drug treatment and supervision in the community, not prison. Right now California is ranked number one in the nation for its rate of imprisonment for drug offenders. If Proposition 36 passes, California could become number one for its treatment for drug offenders. The measure also provides state funds to counties to operate the drug treatment programs. Additionally, studies have shown that drug treatment is a far more effective than prison in reducing future criminal activity. Robert Roseman, a 51-year-old heroin addict from Sacramento says, “I was always able to get drugs in prison…all you’re going to learn in prison is to do crime better.”

Stephen V. Manley, President of Drug Court Professionals says that,

“Proposition 36 doesn’t provide “court-supervised” drug treatment. It ties the hands of judges, hurts legitimate treatment and effectively decriminalizes heroin, methamphetamine and other illegal drugs. Drug courts hold drug abusers accountable with regular drug testing and consequences for failing treatment— accountability not found in Proposition 36.”

Drug testing is a part of court-supervised drug treatment everywhere in California today, and it will continue to be under Proposition 36. There are no legal barriers to drug testing. Judges can and will order appropriate levels of testing of offenders placed in treatment under the initiative's system; Proposition 36 simply does not tie judges' hands by prescribing a one-size-fits-all regimen for all offenders. A positive drug test can be treated as a violation of probation. Judges can also require individual offenders to pay for their own drug testing, as they do now in the "drug court" system, if they can afford it. (The cost of a test can be $4 to $7 per test.) The fact is tens of millions of dollars in state and federal funds already go to drug testing of criminal offenders through the court system and probation system. If more money is needed, this can easily be appropriated from the hundreds of millions of dollars saved each year by this initiative. Proposition 36 merely requires that its monetary appropriation for treatment programs must go to providing treatment services, where the need is so great.