A new study shows how California criminal measures prop. 36 work- calm

From Kayla MihalovichCalmness

This story was originally published by CalmattersS Register about their ballots.

It’s been almost a year since the Californians predominantly approved Proposal 36A measure of a strict crime, providing what supporters called “mass treatment” for those facing certain drug fees. But few defendants have found a clear path to reimbursement under the law, according to new data published by the state.

Reputation 36 gave prosecutors The ability to blame people convicted of various crimes for the third time with the so -called crime, a mandate of treatment, which will give them a choice between behavioral health treatment, or up to three years in prison or prison. If they accept, they would enter the guilty or no competitive legal basis and start treatment. Those who complete treatment have been rejected.

During the first six months of the entry into force of the law, approximately 9,000 people have been charged with a crime, a mandate of treatment, according to the first honor report published this month by the state Judicial CouncilS Nearly 15% – or 1290 people – chose treatment.

So far, of 771 people put on treatment, 25 have completed it.

The data reflect how different cities use the law as the largest number of crimes, mandate accused of Orange County at 2395. Kings and Counts Napa had one such fee.

San Diego County represents approximately one third-and-1 427 out of 1 290 cases-in which the defendants chose to continue treatment but do not announce how much they were put on treatment or performed it.

The report notes that these missing data contribute to a “significant part of dropping out” with respect to the total number of people who have chosen treatment but have not yet been placed.

Francin Burne, director of the Criminal Justice Services in the Judicial Council, said that the Countries still come up with how to apply the law-and in many jurisdictions it can take some time for people to get involved in treatment while undergoing the trial.

“It is not acceptable that so few people are actually treating,” says Jonathan Raven, CEO at the California Association of District Prosecutors, who supported the measure. “The purpose of this measure of voting was to take this population from people who have a disorder of the use of substances and to help them, to find them a path from the penal system and to reject their deeds. And that does not seem to be what is happening in the state.”

Raven said the district attorneys are trying to apply support 36 based on the will of the voters, but they do it “with one hand tied behind them.”

The measure did not include dedicated funding when the voters accepted it, which was one of the reasons why governor Gavin Newo opposed the measure. Behavioral health experts have long sounded the alarm because of the lack of behavioral health treatment and staff in California, but supporters say prop. 36 will be the great “Forcing a function” for the condition to scathing the treatmentS

As the law adopted the Republican and Democratic State legislators demanded over $ 600 million a year to apply it. Newsom and the legislature ultimately approved a one -time state budget of $ 100 million.

On top of that, last month, Newsom announced that the state was awarded $ 127 million for grant funding To build more behavioral health capacity for treatment. These funds were provided by a proposal 47, approved by the voters of 2014, which reduced penalties for certain drugs and property crimes and provided that the savings received would be used for, among other things, disorder of substance use and mental health treatment.

None of this funding was available during the period related to the report, which deals with the number of cases between December 18 and April 30.

Kate Chatfield, CEO of the California Association of Public Defenders, said the data proves that Prop. 36 “is a failure” – not because people are resistant to treatment, but because treatment is not available.

“There is no indication that something will change,” she said. “In the meantime, supporters spend valuable county resources for pursuit and imprisonment in local prisons and say – magical – some money will appear for treatment. Supporters are those who prevent these resources from being spent on treatment.”

Kayla Mihalovic is California local news.

This article was Originally Published on CalMatters and was reissued under Creative Commons Attribution-Noncommercial-Noderivatives License.