The Real Cost of Prisons Weblog

Prop. 36 clients applaud UCLA report
It proves more sanctions for drug offenders are needed, they say.

By Christina Jewett -- Bee Staff Writer
Published 2:15 am PST Friday, November 26, 2004
http://www.sacbee.com/content/politics/story/11571450p-12469479c.html

Critics of Prop. 36, a 2000 ballot measure that gave drug offenders a choice of treatment instead of jail, have said it is all carrot and no stick.

A UCLA report released today may bolster their claim. It shows that Prop. 36 treatment clients were 48 percent more likely to commit another drug violation within a year, compared to rehab clients who signed up for treatment under supervision of probation or parole.

"Any treatment model has to have sanctions," said Mike Kennedy, president of the California Narcotic Officers' Association. "The problem with Prop. 36 is there are none. That's the big deal."

Results of each study looking at the law have been scrutinized by supporters and detractors of the ballot measure that 61 percent of California voters backed, and the law is watched nationally as a social experiment in drug policy.

Since the law was passed, more than 30,000 people have been exposed to drug treatment, about half for the first time, according to a state-funded UCLA report released this year. About 24 percent of the people who entered treatment completed it.

Today's report published in the journal of Criminology & Public Policy proves what law enforcement has said all along: that Prop. 36 is not tough enough, said John Lovell, lobbyist for the Chief Probation Officers of California.

He said drug courts across the nation give judges the discretion to fine or send people to jail for a weekend if they are not succeeding in treatment.

"We need treatment with oversight ... so we're not enabling people in the program, instead giving them the tools to succeed," he said.

Other close watchers of the law say this study does not make a sweeping indictment of the program.

"It's not surprising, but it doesn't damn it, either," said Martin Iguchi, director of the Drug Policy Research Center at the RAND Corporation. "No one ever said treatment would always work for those not interested in it."

Iguchi said the long-term benefits of turning a drug user into a contributing member of society far outweigh the short-term cost of sending one straight to jail.

The study also shows that compared to people who went to treatment voluntarily, Prop. 36 clients are 65 percent more likely to be arrested on suspicion of another drug charge within a year.

But despite the initial outcry from the law-enforcement community, the study also shows that Prop. 36 clients are not more likely to commit a violent or property crime one year after starting treatment than the comparison groups, said Glenn Backes of the Drug Policy Alliance, which supported Prop. 36.

"The fact that they are arrested at somewhat higher rates is a cause for concern, but we believe 36 can be refined and improved," he said. "It's far better than jail."

The study tracks the early months of Prop. 36, which gave non-violent drug offenders the choice to enter treatment rather than go to jail.

Del Sayles-Owen, deputy director of the state Office of Criminal Justice Collaboration, said the study takes too quick of a snapshot of the program as it was still being fine-tuned in each county. Based on the law passed by voters, counties were free to tailor their own treatment systems.

The study does highlight the problem some counties are facing of too few beds in residential treatment centers for people who need intense treatment, she said. Most Prop. 36 clients go to support groups and classes several times each week.

"We continue to deal with that issue, the shortage of residential treatment statewide," she said.

And Sayles-Owen said the study does nothing to prove that Prop. 36 is not doling out enough punishment to people who are not succeeding in recovery. While the report shows Prop. 36 clients re-offending at higher rates than others, she said it does not explain why.

"We are very pleased with client progress in treatment, given that overcoming addiction is so difficult," she said. "Even those who are just exposed learn more about addiction and how to seek help."

Bee's Christina Jewett can be reached at (916) 321-1201 or cjewett@sacbee.com.