Prop. 36 one year later: Thousands more prosecuted, but is it working?

"Prosecutors in three Southern California counties have charged more than 13,000 people under Proposition 36, the tougher-on-crime law passed overwhelmingly a year ago this week, according to data collected by the Southern California News Group. The law placed stricter punishments on repeat drug and theft offenders, but also promised to provide those with addictions and mental illness an option to have cases dismissed by completing a court-approved treatment program instead."

"Under the law, defendants with two or more prior drug offense convictions must plead guilty, or no contest, to the charges to qualify for the treatment program. How exactly those programs would work was left to each county. Critics have pointed to low treatment rates as evidence of Prop. 36's failure and described it as a repackaged war on drugs."

Prosecutors in Los Angeles, Orange and Riverside counties charged more than 13,000 people under Proposition 36. The law increased punishments for repeat drug and theft offenders while offering defendants with addictions or mental illness the option to have cases dismissed after completing court-approved treatment. Most filings—nearly 8,500—fell under the Treatment-Mandated Felony Act, yet few cases reached treatment and still fewer resulted in dismissals. Defendants with two or more prior drug convictions must plead guilty or no contest to qualify. Counties designed program details locally. The measure provided no treatment funding, imposed relapse penalties, and contributed to jail overcrowding and heavier public defender caseloads.

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