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BALLOT MEASURES Besides Proposition 36, seven other initiatives have qualified for the November ballot in California. Other measures may be added later. SOURCE: California Voter Foundation Original graphic by ADAM BROWN/Daily Bruin Web adaptation by CHRISTINE TAN

By Michael Weiner

Daily Bruin Senior Staff

A measure on the November ballot is asking Californians to approve a significant change in state substance abuse policy, by mandating treatment and probation rather than incarceration for many drug offenders.

Proposition 36, known as the Drug Treatment Diversion Program Act, would require that most first- and second-time offenders convicted of the possession, use or transportation of illegal substances – including marijuana, cocaine, heroin and methamphetamines – be put in treatment programs rather than prison. The initiative does not apply to those convicted of the sale or manufacture of drugs.

“The goal is to break the cycle of drug-related crime through the proven method of providing treatment instead of incarceration for people who should not be behind bars,” said Dan Abrahamson, the measure’s co-author and the director of legal affairs at the Lindesmith Center-Drug Policy Foundation, a leading advocate for national drug policy reform.

But opponents of Proposition 36 say that treatment programs can’t work unless unless drug offenders are held accountable by the criminal justice system.

“It effectively will decriminalize hard-core drugs,” said Jean Muñoz, spokeswoman for Californians United Against Drug Abuse, the anti-36 campaign. “It will actually undermine treatment programs in California.”

The fight over Proposition 36 is shaping up to be one of the most bruising battles of the election season, with both sides investing millions of dollars and enlisting the support of big-name celebrities and politicos.

The campaign in favor of the initiative is being funded by several wealthy business leaders, including billionaire philanthropist George Soros, who also bankrolled the successful effort in favor of Proposition 215, the 1996 California initiative that legalized marijuana for medical use. That measure has since been largely delegitimized by the U.S. Supreme Court.

Spearheaded by the powerful state prison guards union, the campaign against Proposition 36 also has high-profile support from actor Martin Sheen and President Clinton’s drug czar, Barry McCaffrey.

According to a Field Poll released Aug. 30, most Californians have not yet heard of Proposition 36, though 55 percent of the respondents said they were inclined to support the provisions in the measure. Twenty-seven percent were opposed, with 18 percent undecided.

Specifically, the initiative would require court-supervised treatment and probation for up to a year, as well as up to six months in follow-up care, for those convicted of nonviolent drug possession offenses. Most felons with a history of violent crime, as well as those who fail treatment programs two or more times, would not be eligible.

According to a report by the independent Legislative Analyst’s Office, the initiative would result in $100 to $150 million in annual savings to the state due to the lower cost of prison operations. In addition, the state would be able to delay the construction of more prisons, thus saving another $450 to $550 million.

Supporters of Proposition 36 point to a 1994 study by the RAND Corporation regarding the supply and demand of cocaine. The report found that for every dollar spent on drug treatment programs, there were $7.48 in resulting “social benefits.”

Proponents also compare Proposition 36 to a similar initiative Arizona voters passed in 1996. A study by the state’s Supreme Court found that in the measure’s first full year of implementation, 61 percent of the offenders who completed treatment programs did so successfully.

“The state doesn’t have to warehouse people in jails and prisons,” Abrahamson said. “They are productive members of the community.”

But Muñoz disagreed, saying that the Arizona initiative has been far from successful. “If you talk to people in Arizona, they will tell you that it is not working,” she said.

One of the most prominent opponents of Proposition 36 is U.S. Drug Czar McCaffrey, whose name tends to evoke either admiration or disdain, depending on who you talk to. According to Abrahamson, McCaffrey has expressed support for similar proposals in the past, but won’t back the California measure for political reasons.

“General McCaffrey is a consummate politician,” Abrahamson said. “To cover his flank politically, he thinks he has to oppose it.”

But McCaffrey’s spokesman, Bob Weiner, said while the drug czar supports the expansion of drug treatment programs, he sees Proposition 36 as dangerous.

“It’s got worthy objectives but our concern is that it might throw the baby out with the bath water,” Weiner said. “Without accountability, no treatment program can be effective.”

Californians will vote on Proposition 36, along with at least seven other ballots measures, Nov. 7.

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