Executive Summary
Summary
Proposition 36 seeks to reduce homelessness and addiction. It creates new treatment and rehabilitation options and emphasizes using discretion to achieve its goals. Its success depends on the collaborative use of discretion by prosecutors, judges, and local agencies.
Why This Matters
Proposition 36 responds to voter demand for a more pragmatic and practical approach to dealing with drug-related offenses. By focusing resources on rehabilitation, the measure aims to address the root causes of homelessness and substance use disorders in the long run.
What You Need to Know
- Discretion is Key: We explain how prosecutors, judges, and counties have substantial leeway in charging decisions, designing treatment plans, and determining who qualifies for these alternative programs.
- Program Requirements: Eligible defendants must plead guilty and agree to court-approved treatment, which can include drug treatment, mental health services, and job training.
- Implementation Challenges: Limited resources, varying interpretations of “drug addiction expert,” and inconsistent program guidelines can result in uneven outcomes across different jurisdictions.
- Failure & Next Steps: If someone fails treatment but doesn’t commit new crimes, judges still have the option to re-refer them to treatment, ensuring repeated opportunities for rehabilitation.
Conclusion
Proposition 36 provides new avenues of alternatives that can effectively reduce homelessness and drug use if judges and prosecutors choose to utilize it to its full potential.