Attachment

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INTiR

MEMO

omcE
To:

ALICE FOSTER,DEPUTY COUNTY EXECUTIVE

From:

JOSE R. VILLARREAL,PUBLIC DEFENDER

Subject: PROPOSITION 36 "BEFORE AND AFTER" COMPARISON
Date:

April 23,2001

This is in response to your request for a “before and after” comparison ofthe Prop 36 eligible
cases:

Proposition 36 applies to nonviolent drug possession offenses which include the unlawful
possession, use or transportation for personal use ofdrugs. The vast majority ofpersons
eligible for Proposition 36 will be those charged with being under the influence of
methamphetamine,cocaine, heroin or PCP(a violation ofHealth & Safety Code section
11550,a misdemeanor)or persons charged with possessing small amounts ofone of
these drugs(violations ofHealth & Safety Code sections 11377 or 11350,both felonies)
or possession of marijuana which can be either a misdemeanor or a felony, depending
upon the amount

Persons charged with the sale ofdrugs, possession ofdrugs for the purpose ofsale, or
manufacturing drugs, will not be eligible for Proposition 36 treatment and will proceed
through the system as before.

Persons with prior convictions for serious or violent offenses(strike offenses) will be
ineligible for Proposition 36 treatment unless they have been out ofprison for at least
five years and essentially, have not been in trouble with the law since.

Persons charged in the same proceeding with an eligible Proposition 36 offense and any
other non drug related offense will not be eligible for Proposition 36 treatment. For
example,a person charged with drunk driving and possession ofa small amount of
cocaine would not be eligible as the drunk driving charge would preclude eligibility.

Persons charged with the use ofa firearm will not be eligible for Proposition 36
treatment.

Anyone who refuses treatment as a condition ofprobation will be excluded fi’om
Proposition 36 treatment and can be sentenced to jail and/or state prison.

Persons who have been through Proposition 36 treatment twice will not be eligible a third
time if the court finds the person “unamenable” to drug treatment.

must revoke probation and may then sentence the client to jail or state prison.

Significantly, few people will be out of custody as a result of Proposition 36 who would
otherwise be incarcerated. This county is already providing a substantial amount of drug

treatment in lieu ofjail to those who show an interest in treatment. The law provides that
the most serious felons, those with prior serious or violent felonies, are not eligible for
Proposition 36 treatment unless they have shown significant progress in terms of
rehabilitation and therefore do not pose a significant risk of danger to the community.

Attachment 6

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Nev* Arrest/Citation

Pretrial

(includes Parolee with new arrest)

Referral to Gateway

In-custody to arraignment within 48 working hours

ReleasecnOwn

Arraignment

Recognizance

BAIL

conviction

I
Determination of Prop. 36
eligibility

>>

Traditional

If defendant has participated
in two (2) separate courses of
treatment and court finds
defendant is unamenable to

Sentencing
Applies

any course of treatment
Traditional

Declines

Sentencing
Applies

treatment

Plead Guilty
Trial

Plead Not Guilty
Conviction

>

No conviction

Plead Guilty

3l

In-custody

End

Conviction

Out of Custody

are released or assessed

T

in custody

Guilty
Assessment/Reassessment

Supervision (does not include
narolees) Treatment Plan

Orientation

Referral to interim treatment

I
Sentencing Hearing
■ Placed on formal probation
\

I

■ Approve conditions of probation

Traditional

Refuse
Treatment

>

Sentencing

Applies

• Approve/modify treatment plan

■ Ghent receives referral to services

Fail to appear

S

bench warrant

• Client must be comphant with
terms of probation

back in custody

Provider reports

orientation at
DOC

Review Hearing(s) '^

Case manager reports
Probation supervision
rpnnrts

1st & 2^8 Violation of

^

Probation*

completion

Drug Related
Non-drug

Successful

>

related
TSA
TSA

^ Modify Treatment
3’''^ Violation of

Complete Successfully

^ TSA (could include iah, orision, DTCl

Probation

For the violation of proba!tion(s) the prosecution must prove the violation of probation and possibly additional factors depending on if the

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Attachment 7

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PROPOSITION 36 STEERING COMMITTEE

Alice E. Foster, Deputy County Executive, Chair

Maryann Barry, Director, Custody Health Services, Department of Correction
John Cavalli, Chief Probation Officer
Susan Chavez, Director, Office of Pretrial Services

Patrick Dwyer,President, Santa Clara County Police Chiefs Association
Robert Gamer,Director, Department of Alcohol and Drug Services
Dr. Michael Gorman,School of Social Work,San Jose State University

Mel Johnson, Unit Supervisor, State Parole Office
George Kennedy,District Attorney
Nona KUppen, Assistant PubUc Defender
John Larson,Justice Services Program Manager,DADS
Will Lightboume, Director, Social Services Agency
Judge Stephen Manley,Superior Court
Kitty Mason,Catholic Charities,Provider Community Representative
Paul Mena,Unit Supervisor, State Parole Office
Guadalupe Olivas, Director, Mental Health Department
Ann Ravel, County Counsel
Jim Rumble,Chief Counsel,Superior Court
Tim Ryan, Chief, Department of Correction

Gary Sanchez, Deputy Chief Probation Officer, Adult Division
Karyn Stnunu, Assistant District Attorney
Kiri Torre, Executive Officer, Superior Court
Jose VUlareal,PubHc Defender

Staff Support:

Sally Logothetti,Program Manager H,County Executive Office
Quyen Nguyen,Program Manager 11, Coxmty Executive Office