Convicted drug users in California are more likely to be arrested on new drug charges since Proposition 36 took effect than before voters approved the landmark law mandating drug treatment rather than incarceration, according a long-awaited study released Friday.
The state-funded study, conducted by UCLA researchers who have pored over four years of drug-related court cases, raises new questions about the effectiveness of Proposition 36 at a time when lawmakers and courts are discussing stricter requirements for defendants.
UCLA researchers tracking drug offenders found high levels of new drug arrests among those eligible in the first year of Proposition 36, which took effect in 2001. About 50% of those offenders were picked up by police within 30 months, compared with 38% of similar offenders convicted before Proposition 36.
The report notes that some increases in arrests were expected because Proposition 36 left offenders on the street who would have previously served time.
But the research also underscores the difficulty the state has experienced in getting drug offenders into treatment and out of trouble.
Only about 25% of the defendants who are sentenced to drug treatment complete the programs. And data released Friday show that even among those who complete drug treatment, more than four in 10 had new drug arrests within 30 months of their Proposition 36 convictions.
The numbers are worse for those who don't finish drug treatment. Researchers were surprised to find that those who failed to show up for rehab were less likely to be rearrested than those who went to some treatment but dropped out: 55% compared with 60%.
Supporters of Proposition 36 said the report shows how hard it is to treat a chronic disease like drug addiction but argue that the obvious conclusion is that more intensive treatment services are needed.
But critics, including Gov. Arnold Schwarzenegger, believe that the initiative needs to be overhauled and have advocated adding jail sanctions for participants who relapse.
UCLA researchers said their study shows the measure has helped tens of thousands of drug users complete treatment but needs more money to improve supervision and intensify treatment.
"We have a lot of serious addicts in Proposition 36, and a lot of them are warehoused in treatment that's not appropriate for their needs," said Angela Hawken, a UCLA researcher who worked on the study.
