NO ON PROP. 36

Proposition 36 contains the kernel of a good idea. There are many reasons to
support a measure that would send drug offenders into treatment programs
instead of jail, including:

Nearly 20,000 of California's 2 million prison population are offenders who
have been convicted for simple drug possession but are housed in facilities
that lack any semblance of a drug treatment program.

A recent study found that Californians save $7 for every $1 invested in drug
treatment.

Unfortunately, Proposition 36 contains ambiguities that detract from its
stated purpose and could move California toward legalization or
decriminalization of drugs.

The theory underlying Proposition 36 is a good one: Require nonviolent drug
offenders to enter treatment programs where they will receive help, rather
than jail cells where their problems are compounded. In practice, however,
Proposition 36 is fraught with problems.

Most critically, the measure eliminates a judge's ability to use immediate
jail time as a sanction if the offender can't stick with the treatment
program.

Currently, the local drug court uses the threat of two to four days of jail
time to ensure participants stay drug free during their treatment. For many
addicts -- who have already lost their homes, jobs and families -- jail is
the only thing they fear.

And national studies have found that the threat of sanctions increase the
likelihood that offenders will successfully complete drug treatment
programs.

Judges also worry that offenders arrested for multiple, nonviolent offenses
could avoid jail time by pleading guilty to a drug charge. For example,
offenders who stole a car while high could use Proposition 36 to plea
bargain their sentence down to probation and a drug treatment program.

A carefully crafted ballot measure would have fully funded and expanded
existing drug court programs. Instead, Proposition 36 is another example of
a poorly drafted initiative developed without public and legislative
scrutiny.

A local organization of judges and commissioners unanimously opposes
Proposition 36 for its mandatory "get out of jail free" provision.

The Press Democrat encourages a "no" vote on Proposition 36.