May 31st: Drug Treatment Initiative (Prop. 36) that
Affects 3-Strike Law Gathers Enough Signatures for November Ballot
The Drug Treatment Diversion Program initiative was certified by the
Secretary of State's office on May 31st as having gathered enough signatures
for the November 7, 2000 election. The initiative is similar to an initiative
passed in Arizona that requires drug treatment programs to people charged with
simple possession of drugs rather than giving them a jail or prison
sentence.
The initiative will also affect the California Three Strikes
law by allowing people charged with simple possession of drugs to go into
treatment programs--rather than suffer a 3-strikes penalty--if the drug
possession "occurred after a period of 5 years in which the defendant remained
free of both prison custody and the commission of an offense which results in
(a) a felony conviction other than a non-violent drug possession offense or (b)
a misdemeanor conviction involving physical injury or the threat of physical
injury to another person."
As of December 31, 1999 there were 578 people
who were convicted under the California 3-Strikes law for "possession of a
controlled substance" and received at least a 25 years-to-life sentence.
Although some of these 578 may meet the conditions above, we are not sure
whether the initiative will apply to them. Unfortunately, the language of the
initiative states that if enacted it will not become effective until July 1,
2001, "and its provisions shall be applied prospectively." There will
undoubtedly be appeals to say that the act should be applied retrospectively,
but the California Supreme Court currently has a reputation for following the
"wording" of a statute unless it clearly violates the U.S. or state
constitution--and, at this time we are not sure whether there are such grounds
or not.
Please send questions or comments to factsla@sbcglobal.net.
Everything on this web site can be distributed to the general public,
reprinted, or reposted without permission of Families to Amend California's
3-Strikes.
Date last modified: 01/03/01.