FCL Research Page:
Treat Drug Users, Don't Imprison Them

In November 2000, a resounding 60% majority of California voters told public officials that they want drug users to be treated, not imprisoned. Proposition 36 appropriated the sum of $120 million annually for a five year period to make sure that treatment would be available to drug offenders who most need it, and directed that people who successfully complete treatment should have criminal drug charges erased.

As judges, probation officers, and front-line officers gain more experience with the drug treatment process, California seems to be making a significant change in its approach to addiction and recovery. In the past it had been assumed that threats of heavy penalties were needed to curb addiction. Now, a more flexible approach seems to be developing, recognizing that there seen to be many similarities between drug addiction and alcoholism. It may be possible for the majority of drug users to recognize and recover from their addiction in essentially the same ways that alcoholics can recover--through programs involving twelve-step facilitation, cognitive-behavior coping skills, or motivation enhancement therapy.

The treatment approach to addictions presents a significant opportunity to reduce prison populations and costs, since it is estimated that tens of thousands of California jail and prison beds are occupied by people serving sentences for possession of drugs. The legislative analyst issued a very useful report that provides a good road-map for implementation of the law. The report points out how important it is for public health officials, law enforcement, and the community at large to engage in a wide-ranging, informed discussion aimed to attain a balance between treatment and law enforcement.

The Drug Courts have re-evaluated their approach to people charged with controlled substance offenses. Many more defendants are receiveing drug abuse assessment and counseling either through diversion programs, or under direct supervision of a drug court over a period of several months. Courts also seem to be more comfortable with the idea that initial relapses should not necessairly result in incarceration, and a wide variety of treatments should be available.

For more information on drug issues:
(Because the below web pages are maintained by others, FCL cannot assure their accuracy, and does not necessairly endorse all of the views stated.)

• Links to US drug policy groups and USDHS-SAMSHA web-site
• Drug Courts, and Calif. Department of Alcohol and Drug Programs
• In-prison treatment using Amity therapeutic community model.
• A Quaker's view of drug policy (2000)
• History of drug policy-- UNESCO study (55 pp.), & Judge Gray on drug war failure
• War on Drugs web sites
• Drug Policy Foundation
• Centre for Addiction and Mental Health (Canada)
• Focused CAMH bibliography of materials on treatment of substance abuse in the criminal justice system
• General CAMH bibliography on addiction
• Problems in California's substance abuse treatment system in 1999 included lengthy waiting lists in a number of counties, no statewide plan for addressing the demand for treatment services, and a need in particular for treatment services aimed at adolescents. More ...

For a review of methods for evaluating the success of community corrections programs, see

• Measuring the Performance of Community Corrections by Joan Petersilia, formerly of the RAND Corporation.

For current bills on drug issues, see the FCL bill status summary.