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Diverted drug offenders likely to relapse
By Associated Press
Published: 11/29/2004

Drug offenders sent to treatment instead of jail in the early days of California's Proposition 36 were far more likely to be re-arrested than were criminals sent to rehabilitation through other diversion programs, says a UCLA study released Friday.
The findings by University of California, Los Angeles, researchers echo opponents of the initiative approved by 61 percent of voters in November 2000. Judges and prosecutors favored drug court programs that include stronger penalties for offenders who skip or fail treatment programs, while Proposition 36 requires that first- and second-time nonviolent drug offenders be sent to treatment programs instead of prison.
But the UCLA study, published in the American Society of Criminology journal Criminology & Public Policy, suggests a big problem is that Proposition 36 offenders aren't getting enough treatment to make a difference.
Even those with severe addictions or accompanying mental health problems were far less likely to enter high intensity residential programs than were offenders diverted through other criminal justice programs.
Many Proposition 36 clients simply attend classes or group counseling sessions, and the researchers found the highest arrest rate among those who reported severe drug problems but merely received outpatient care.
Such under-treatment is "a key ingredient in the recipe for recidivism" particularly among the severely addicted, said the lead author, David Farabee of the UCLA Neuropsychiatric Institute's Integrated Substance Abuse Programs. But even accounting for that, Proposition 36 clients "remained more likely to be arrested for a drug offense than clients referred to treatment under more traditional practices."
Proposition 36 offenders were 48 percent more likely to be arrested for a drug offense than were criminals diverted through other programs, and 65 percent more likely than non-criminal rehab clients.
But arrest rates dropped for all three groups during the first year after treatment. And there was no significant difference in the arrest rates among the three groups for property or violent crimes.
Del Sayles-Owen, the Department of Alcohol and Drug Programs deputy director who runs the Proposition 36 and drug court programs, called the report "a snapshot in time" that is now outdated. Counties have since made changes including increasing the number of residential beds, she said, pointing to the more positive results in a longer-term study by different UCLA researchers.
The research in the new report was based on 688 Proposition 36 offenders; 1,178 offenders sent to the same treatment programs though different criminal diversion programs; and 1,882 clients who were not involved in the criminal justice system.
The study tracked drug users who received treatment only during the first six months, as the criminal justice system and substance abuse treatment providers - both hobbled by budget cuts - were scrambling to comply with the sweeping new law. And it tracked just 13 of California's 58 counties, so the researchers note their results may not apply statewide.
With the largest state prison system and one of the nation's largest drug treatment programs, California's experience is key as other states consider whether treatment alternatives can cut law enforcement costs by trimming crime rates and emptying prisons and jails of nonviolent drug users.
The researchers suggest longer and more intensive treatment is needed to make a substantial difference, and that efforts should be concentrated on those with severe addictions.
The Drug Policy Alliance has dismissed the UCLA conclusions as premature, citing many of the same cautions as the researchers themselves.
California will take up the debate again in 2006, when the $660 million required by voters for the new law's first 5 1/2 years runs out, forcing Gov. Arnold Schwarzenegger and lawmakers to consider a proper funding level.


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