SACRAMENTO – Gov. Arnold Schwarzenegger signed a bill Wednesday that will change a voter-approved measure mandating treatment for first- and second-time drug offenders and was sued immediately by the measure’s co-author. The bill, which was tacked onto the budget the Legislature passed last month, changes Proposition 36, which voters approved by a wide margin in 2000. Under the new law, offenders can be jailed up to five days to force them to participate in treatment programs.
Cliff Gardner, the co-author of Proposition 36, filed the lawsuit in Alameda County Superior Court. His attorney, Daniel Abrahamson, a lawyer for the Drug Policy Alliance, said the changes were unconstitutional. “Voters voted for treatment instead of incarceration,” he said. “It thwarts the people’s will.”
Lisa Fisher, a spokeswoman for the California Department of Alcohol and Drug Programs, said the state would enforce the law unless a judge orders it not to. “We think that the reforms are furthering the purposes of Proposition 36,” she said. “The one thing we have learned over the years is that jail sanctions need to be part of a whole package of sanctions that an individual can expect.”
The law allows judges to incarcerate offenders who test positive for drugs or fail to attend treatment programs for two- to five-day periods.
Details here from the AP via the San Jose Mercury News.
SACRAMENTO – Gov. Arnold Schwarzenegger signed a bill Wednesday that will change a voter-approved measure mandating treatment for first- and second-time drug offenders and was sued immediately by the measure’s co-author. The bill, which was tacked onto the budget the Legislature passed last month, changes Proposition 36, which voters approved by a wide margin in 2000. Under the new law, offenders can be jailed up to five days to force them to participate in treatment programs.
Cliff Gardner, the co-author of Proposition 36, filed the lawsuit in Alameda County Superior Court. His attorney, Daniel Abrahamson, a lawyer for the Drug Policy Alliance, said the changes were unconstitutional. “Voters voted for treatment instead of incarceration,” he said. “It thwarts the people’s will.”
Lisa Fisher, a spokeswoman for the California Department of Alcohol and Drug Programs, said the state would enforce the law unless a judge orders it not to. “We think that the reforms are furthering the purposes of Proposition 36,” she said. “The one thing we have learned over the years is that jail sanctions need to be part of a whole package of sanctions that an individual can expect.”
The law allows judges to incarcerate offenders who test positive for drugs or fail to attend treatment programs for two- to five-day periods.
Details here from the AP via the San Jose Mercury News.
SACRAMENTO – Gov. Arnold Schwarzenegger signed a bill Wednesday that will change a voter-approved measure mandating treatment for first- and second-time drug offenders and was sued immediately by the measure’s co-author. The bill, which was tacked onto the budget the Legislature passed last month, changes Proposition 36, which voters approved by a wide margin in 2000. Under the new law, offenders can be jailed up to five days to force them to participate in treatment programs.
Cliff Gardner, the co-author of Proposition 36, filed the lawsuit in Alameda County Superior Court. His attorney, Daniel Abrahamson, a lawyer for the Drug Policy Alliance, said the changes were unconstitutional. “Voters voted for treatment instead of incarceration,” he said. “It thwarts the people’s will.”
Lisa Fisher, a spokeswoman for the California Department of Alcohol and Drug Programs, said the state would enforce the law unless a judge orders it not to. “We think that the reforms are furthering the purposes of Proposition 36,” she said. “The one thing we have learned over the years is that jail sanctions need to be part of a whole package of sanctions that an individual can expect.”
The law allows judges to incarcerate offenders who test positive for drugs or fail to attend treatment programs for two- to five-day periods.
Details here from the AP via the San Jose Mercury News.
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