New Strategy in the War Against Drugs

Ventura County voters suggested otherwise when 60% of them voted in favor of Proposition 36, which shifts the emphasis in some drug cases from punishment to prevention.

Even the tough disciplinarians of law enforcement are saying we can no longer just incarcerate our way out of our substance addictions. Newsweek magazine detailed our national drug-abuse

problem last month in a 16-page report headlined “The War on Addiction.” It documented increasing use of marijuana, cocaine and heroin across the nation.

Under Proposition 36, the Substance Abuse and Crime Prevention Act of 2000, prevention becomes a key component of state law. No longer will drug problems be dismissed as some supply-side

foreign war or demand-side urban decay.

One of the most significant social justice policy measures in years, this measure changes sentencing laws to require that adults convicted for the first time of nonviolent drug possession

receive probation and drug treatment rather than prison time. Exceptions include offenders who refuse treatment, offenders under the influence while using a firearm and others deemed by the

courts to be “unamenable” to treatment.

Offenders will receive up to one year of drug treatment in the community and up to six months of follow-up care. They can also be required to participate in training, counseling, literacy

classes or community service.

If they have resources, offenders can be required to pay for their own treatment. If they successfully complete probation with treatment, their records can be expunged.

By July, Ventura County must create detox facilities, treatment beds and programs to accommodate an estimated 3,000 cases annually. An estimated $2.4 million will be available annually for

planning programs but the cost of building the infrastructure to accommodate the clients is unknown.

Today we have approximately 25 public and nonprofit groups that provide substance abuse programs. Only one of them has beds for detox; most are out-patient programs. Significantly, the act

does not allow for drug testing--a key component in most prevention programs. The probation department spends about $100,000 annually for drug testing ($5 per test).

Since November, when voters passed Proposition 36, an interagency criminal justice group that includes Supervisor Judy Mikels and me has worked to assess conditions and determine what we

need to do to comply with the act.

In November, Ventura County Superior Court Judge Barry Klopfer suspended accepting new cases into our successful juvenile drug court until a new plan can be developed under the act. The

county district attorney, public defender’s office, courts and probation agency are reviewing the language of the act. As with most public policy by initiatives, there are ambiguous areas

that will need clean-up legislation.

The county Board of Supervisors recently appointed our Department of Alcohol and Drugs as lead agency for implementation, to oversee programs and provide reports on performance, costs and

reduction in crime. Besides the bureaucratic side of implementation, there will be the very real work of adding beds and developing programs for our community.

I recently attended the monthly meeting of the county’s Alcohol and Drug Advisory Board, a group of volunteers who work with county officials on substance abuse policies and programs. They

understand that to win this war, we must continue to work together to educate youths and adults about prevention, intervention and recovery. Additional next steps include educating the

public about the commitment the voters made to improve community-based prevention efforts.

We must embrace the philosophy of prevention right in our own neighborhoods. The offenders / clients usually are our neighbors, our fellow workers, our friends. Their war with substance

abuse will be won if we believe in and support this reformed battle strategy.