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LEAGUE OF WOMEN VOTERS OF CALIFORNIA EDUCATION FUND	Nonpartisan Pros & Cons of PROPOSITION 36 DRUGS. PROBATION AND TREATMENT PROGRAM.
	Initiative Statute

THE QUESTION

Should California modify its sentencing law so that adult offenders convicted of nonviolent drug offenses are sent to drug treatment programs, instead of prison or county jail, so long as sale, production or manufacture of controlled substances is not involved?

THE SITUATION

California incarcerates a higher percentage of its citizens for drug offenses than any other state. A number of these are non-violent offenders, many of whom are parolees being recycled through the prison system.

Drug possession for personal use is classified as non-violent, non-serious crime. It may be either a felony or misdemeanor, depending on the drug. Forbidden drugs are marijuana, cocaine, heroin, methamphetamine and certain medicines requiring a physician's prescription. A misdemeanor conviction can result in a jail term; a felony conviction can result in a prison or jail sentence. At the judge's discretion, lighter sentences may also be given.

With the passage of the "Three Strikes" law in 1994, the frequency of sentencing for non-violent drug offenses has been rising. A California State Department of Corrections report dated March 2000 shows that of 61,771 yearly parole violators, 48% were returned behind bars for drug possession.

A recent trend in managing drug possession cases is the use of diversion systems such as the Drug Court System or the Deferred Entry of Judgement. Certain offenders are chosen at the judge's discretion, and after a guilty plea, are allowed to enter rehabilitation programs instead of jail or prison. Drug Courts exist in 45 counties, for a total of 101 in the state. Criteria for admission vary greatly by county.

THE PROPOSAL

Proposition 36:

• requires probation and a drug treatment program, not incarceration, for convictions and parole violations involving possession, use, transportation or being under the influence of controlled substances, not including sale or manufacture

• allows for additional probation conditions such as vocational training, family counseling, literacy training or community service

• allows for dismissal of charges upon completion of the treatment program

• provides counties with state funds to implement the measure, and requires a study of its effectiveness.
  

• Proposition 36 would mean huge financial savings for all Californians. Every dollar spent in substance abuse treatment saves taxpayers over $7 in societal costs.

• Non-violent offenders will get the treatment services they need, which are much more effective than jail or prison and which reduce the human toll exacted by imprisonment.
  

• Proposition 36 replaces judicial discretion with a mandatory and inflexible system that is dangerous because it virtually decriminalizes all drug use.

• It threatens the parole system. Law enforcement would have to wait for addicted parolee to actually commit a violent or serious crime before returning that person to jail or prison.
  

Analysis prepared by the League of Women Voters of California Education Fund
for the November 7, 2000 Election.