SANTA BARBARA COUNTY, Calif.—Nearly 70% of Californians voted in favor of proposition 36 last year. “Prior to Proposition 36, you could be arrested, charged and prosecuted and convicted of a drug offense five times, ten times, 20 times and never have it reach a felony status. The people of California said, that's insane,” said SLO County District Attorney Dan Dow. Dow says elevating the status of drug offenses from misdemeanor to felony makes convicted drug offenders choose rehabilitation over jail time. “If you have two prior misdemeanor convictions for possession of a drug like Fentanyl or methamphetamine or cocaine with two priors and you now are convicted of your third, we can mandate that you go into treatment. And that's the compassionate part of this,” said Dow. The philosophy marks a stark contrast from the harm reduction philosophy found in many drug treatment programs across Santa Barbara County. “County behavioral health departments weren't necessarily advocating for the passage of Prop 36, but since it has passed, we've been working really closely locally to ensure that the implementation of the new legislation is successful,” said Alcohol and Drug Programs Branch Chief Melissa Wilkins.
Right now, Prop 36 drug treatment programs don't have funding. Dow is one of dozens of district attorneys up and down the coast who are urging legislators to pass funding for treatment, saying it will allow those living with drug addiction to succeed. The California Legislative Analyst's Office projected the new changes to Prop 36 to increase local criminal justice costs by several tens of millions of dollars annually. That’s largely due to an increase in the county jail population due to harsher sentences, as well as more community supervision program participants. “We don't want to incarcerate these people. We don't want to send them to jail. We want them to get help and get treatment,” said California District Attorney Association CEO Greg Totten.
The proposition also expanded court-mandated mental health and drug treatment workloads.
District attorneys urge state to fund drug treatment programs, as Proposition 36 increases local criminal justice costs statewide News Channel 3-12.
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