Policy Brief

Policy Brief

Introduction

The chosen policy for extensive review and discussion for this paper is the Proposition 36 Drug Court. This policy came too about twelve years ago in California, where a large voter's database participated in the initiative for a uniformed and extensive drug treatment policy of the state. Of these, sixty-one percent of the Californian voters collectively passed this proposition in November of 2000. The passing of the proposition 36 signaled a new and a strong paradigm shift in the drug treatment policy. This proposition was enacted into law as the Substance Abuse and Crime Prevention Act (SACPA) and is defined in the Penal Code sections as the 1210-1210.1 PC and 3063.1(www.shouselaw.com).

In addition, this proposition mandates that those convicted, or who are accused for the first or second time related to drug possession (non-violent) and other related offenses, to be offered long period of probations along with a extensive drug rehabilitating treatment in place of a prison sentence. This is also referred as a 'Drug Diversion' practice in California, which is the practice of permitting the sentenced or accused to become eligible for reducing the length or dismiss their prison sentence altogether after a successful completion of the court approved drug habilitation and treatment program. This court approved treatment program constitutes of different aspects such as drug education and knowledge about its harm to the body. The residential and outpatient services that are provided that includes the detoxification of the accused body of all the existing traces of drug substances found in their system as well as these programs also must include the provision for aftercare services as well. Although, a vital aspect to note is that these rehabilitation programs are those, which are not offered by the prison or the jail facility (www.shouselaw.com).

Conversely, The California Legislative Analysis has developed a precise definition for Prop 36 Drug Court, by stating that under this proposition, the convicted defender under the non-violent drug possession offense will be sentenced to probation, instead of state prison, country jail or on probation without treatment (www.lao.ca.gov).

If an individual is accepted into a Prop 36 program, he or she will be required to attend a state approved treatment program for a length of time determined by the court. If he or she has met all the requirements at the end of the program, their charges will be dismissed and his or her record will be expunged.

Importantly, Prop 36 changed the Californian law in terms of replacement of hail time with a period extending up to twelve months for the accused to rehabilitate through the treatment program, which further could be extended by a period of two or six month additional period, if necessary. This greatly contributed in both criminal levels and reduced numbers of drug affected as many successfully recuperated and never used drugs again after completion of their parole.

Discussion

Process

To highlight the process that had contributed to the creation and implementation of Prop 36, it is first necessary to mention a historic background related to ...