Proposition 36 Research Paper

Words: 500
Pages: 2

Policy and Evolution
The Substance Abuse and Crime Prevention Act of 2000 (SACPA) also known as Proposition 36 was passed by a majority of California voters on November 7, 2000. This legislation allows eligible nonviolent drug offenders to receive drug treatment in place of incarceration (cite). Proposition 36 stemmed from the over crowding of the prison system. Stigmatization of drug users fosters punitive drug laws which relies on incarceration as a solution to drug related offenses(Van Olphen, Eliason, Freudenberg, & Barnes, 2009). According to the Federal Bureau of Prisons, 49.7% of inmates are incarcerated due to drug offenses("Federal Bureau of Prisions," 2014). Proposition 36 offers alternative sentencing and rehabilitation to drug offenders ,improve public health through treating drug abuse and creates more space in prison for violent offenders
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This bill provides the necessary funds for drug testing. Under Proposition 36 adults, juveniles tried in adult court, those on parole and probation are able to benefit from Proposition 36. However, they must be deemed eligible. There are several instances where a defendant is excluded from Proposition 36. This includes but its not limited to, those under the influence, in possession , growing, transporting of drugs, those who refuse treatment, and the court can exclude those that seem to be unamendable to any forms of drug treatment(California Courts, 2015). Due to the Californian budget crisis and the increasing number of individuals opting for treatments, additional funding is needed. Treatment is decreasing due to budget cuts. Originally, drug offenders receive one year of drug treatment with six months of continued care , and mental health counseling. In contrast, due to cuts, treatment consist of up to 180 days of treatment and four months of continued care(County of Los Angeles Department of Public Health,