Prop. 36 Promised drug treatment for CA crimes. The counties are not ready

Three months have passed by California voters predominantly approved proposal 36A new law that promised to provide “mass treatment” for those facing certain drug fees. But as the law came into force on December 18, some counties are sought to fulfill this promise.

Prosecutors now have the opportunity to blame people convicted of different crimes of the third time with the so -called a crime, a mandate of treatmentwhich would aim them to disorder of the use of substances or treat mental health instead of up to three years in prison or prison.

But since some counties are fighting for the implementation of the term without new funding or, according to the people involved in the implementation of the law, enough resources, more and more people are charging without a clear path to the treatment the law has to offer.

Calmatters spoke with judges, district lawyers, public defenders and behavioral health experts in the counts of different sizes who began to apply the new law. As of February 4, nearly 30 people have been charged with a crime, a mandate of treatment in Yolo County. In Stanisusus County, approximately 140 people have been charged with the new crime of February 10 and in Orange County, this issue has passed 500 from February 7.

At an early look, Calmatters learned of a handful of people who have been treated by the entry into force of the law. This number may increase in the coming weeks when people move through the trial and the law is further applied. One can accept treatment at any time between their decision and the judicial trial of the jurors.

While the enthusiasm for the new law is increasing by the prosecutor’s office and the law enforcement agencies, the government’s machine has not completely caught up. The text of The measure did not write the details on how the courts will apply prop. 36, forcing the administrators of the courts, judges, district attorneys, behavioral health experts, probation officials and public defenders for the rapid straightening of new processes, as many people are accused and imprisoned.

Treatment is the “biggest obstacle,” said Santa Clara Supreme Court judge Stephen Manli, who founded the court for the treatment of mental health of the county and co-founded his co-founded drug court.

“We just don’t have treatment in this condition,” he said. “When you can’t put people in treatment, what is the alternative?”

The measure came without funding. This is one of the reasons why governor Gavin Newo opposed the initiative.

“It’s about mass imprisonment, not mass treatment,” Newsom said at a press conference in September. “What a real insult is to say that it is about mass treatment when there is no dollar attached to it.”

The legislative analyzer service has considered that the measure will cost tens of up to hundreds of millions of dollars a year with increased costs of criminal justice. Republican state deputies who supported Prop. 36, they wrote a letter to Newsom in December, urging it to carry out more funding.

“The success of the approach focused on the treatment of a proposal 36 depends to a large extent on the presence of well -funded mental health services and drug abuse, which are crucial to violating cycles of addiction and reduction of recidivism,” writes lawmakers of lawmakers Go.

And Senator Tom Humberg, Democrat from Santa Anna, have introduced legislation to help facilitate the implementation of Prop. 36.

“Every Californians should be treated equally under the law,” Humberg said. “My intention is to make sure we are fulfilling the mandate of Prop. 36. “

What is a crime, a mandate of treatment?

Arrest has been made. A judge examines the allegations upon initial hearing. But then what?

According to a crime, a mandate of treatment, someone who is interested in treatment will be appointed a “drug expert” who will evaluate them and decide what kind of treatment they need. This treatment may involve the treatment of mental health, work training and “any other conditions related to treatment or a successful result for the defendant that the court considers appropriate,” the measure said.

If they accept, they would enter the guilty or no competitive legal basis and start treatment. If they do not agree to this, they will go to prison or prison if they are sentenced. Those who complete treatment will be dismissed.

District Attorney of Yolo Jeff Reisig, a well -known proponent of Prop. 36, it was good that it was good that the counties take different approaches to the implementation of the law.

“Everyone will do it a little different,” he said. “But it is moving. There are no surprises right now. “

Prop. 36

While the Statute calls on a drug expert to make estimates, he remains an “open question” in many counties who will take this role, said Sacramento Sacred Lawrence Judge Lawrence, who chair the court of the Committee’s Cooperation Courts within the political authority of the State Court, the Judicial Council.

“In our district (the behavioral health department) receives a large amount of requests for medication and mental treatment. 36 So this is added to their already significant load without specific funding, “he said.

None of the Three People Who Have Require Treatment Evaluations in Yolo County, A Community of About 220,000 People Near Sacramento, Has Received One As of Feb. 5. Accord to the County’s Director of Health & Human Services Agency, Nolan Sullivan, That’s Because No Agency has resources. The county works temporary.

“They created an expectation for this really healthy position to do the job that it would be honest would be great, but today it does not exist,” Sullivan said. “This is the biggest difference in the performance we have in Yolo today.”

How will crimes, a mandate of treatment be processed?

Most of the 58 California Counts have Adult drugswhich range from court to court, but usually provide treatment for violators who fight violations in the use of substances, often along with reduced accusations. But 10 counts lack such courts, according to recent civil servants, and people in the California justice system say that even when there are courts, there are no treatment opportunities.

“The best drug court in the world can’t do something without treatment on the spot,” Manli said.

Some counties plan to fold cases of crime, mandate in existing cooperation programs, such as drugs. Others plan to set up a separate vessel.

Orange County, for example, has already created his own support 36 vessel. So far, her behavioral health agency has used existing resources and used opioid settlement money to help pay staff. The director of the Health Agency Orange County Veronica Kelley said they knew how to extend a dollar, but the long -term plan remains in progress.

“There are unforeseen consequences with many of our legislation and our proposals. I do not want the unforeseen consequence to be that I have to cut another necessary program to support this, “Kelly said.

Since January 30, the Orange County Health Agency has received 111 recommendations for the new crime, according to Kelly. Seven people have taken treatment, three of which have been hiding since. Orders have been issued for their arrests.

“You have to be ready and treatment is difficult,” she said. “Addiction is a complex disease.”

Compared to others, its community has an abundance of treatment options for people who want it. This is not always the case in the smaller cities.

“If we had a tide of dozens of people who treat us through this process, to be honest, I don’t know how we would handle this workload today,” said Sullivan of Yolo County. “If people want treatment and there are no ones for various reasons, what property do they have? I think it can be a pretty big barrier. “

In Stanislaus County, a community of about half a million people in the northern Valley of San Joaquin, District Prosecutor Jeff Laberro wants to pass people through his drug court.

“We want the treatment to be successful, so we work with all our justice partners to try to understand what the best practices are and how it will work,” he said. “I absolutely believe there is enough treatment, at least right now.”

But the chief defender of the state -owned defender of Stanislav Jennifer Jennison said the county had a major shortage of treatment, even before the voters approve of prop. 36. According to her, the District Attorney is wrong to blame people with crimes, mandate, since often this treatment is simply ‘t available.

“It’s reckless,” she said. “And the people who need treatment sit in prison without any end of their eyes, which worsens their situation much more.”

Kayla Mihalovic is California local news.