Treatment Resources Promised by Prop 36 Comes Up Short
Funding for drug treatment that offenders could choose as means to get felony expunged wasn't specified in Prop 36 language.
As they go through the budget process, California lawmakers in the State Senate are going through the process of figuring out how to fund and fully implement Proposition 36, the crime measure California voters passed last year that reinstated felony sentences and prison time for some repeat theft and drug crimes.
The ballot initiative itself did not include a specific funding strategy for the expected increase in court cases, incarcerated people, and drug and mental health treatment required as part of the new law. California Governor Gavin Newsom expects the new law will translate into an extra 4,000 people in California's prisons, which is money he has said is earmarked in his proposed state spending plan.
State court officials estimated they'll need more resources to handle the extra 30,000 to 40,000 felony cases statewide. Francine Byrne with the Judicial Council of California told lawmakers so far about 56% of the cases are theft-related while 44% are drug-related.
However, the major missing piece is the resources for the "treatment mandated felony" option Proposition 36 provided so that offenders could get drug or mental health treatment to have the felony expunged.
Stanislaus County Public Defender Jennifer Jennison told lawmakers more than 140 of those felonies have been filed since January, and many of them remain in jail waiting for those services. She noted her county does not have a plan for drug treatment and the county's mental health systems are at capacity. “It’s reckless,” she said. “And people in need of treatment are sitting in jail without any end in sight, making their situation much worse.”
"Our jails have become the de facto treatment centers because of the lack of bed space, not only mental health, but for treatment bed space," San Benito County Sheriff Eric Taylor said. "We do want people to leave our custody better than when they came in. We are fighting an uphill battle because we just don't have the support."
"With the proponent's messaging during the entire campaign, like all on my TV and on my digital advertising it was all, 'this isn't about incarceration. This is about treatment,' not putting anyone in prison," said State Senator Scott Wiener (SD11-San Francisco). "Treatment, treatment, treatment. I'm all for treatment and behavioral health, so to me, I think it makes sense, and we should've been doing this for years, providing more support to our counties."
Read more about this easily-foreseen and predictable outcome of Prop 36 in "People are getting arrested under California’s new tough-on-crime law. Some counties aren’t ready" at the Cal Matters website. Cal Matters is a nonpartisan and nonprofit news organization bringing Californians stories that probe, explain and explore solutions to quality of life issues while holding our leaders accountable.
