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LWV League of Women Voters of California
Smart Voter
State of California November 7, 2000 Election
Proposition 36
Drugs. Probation and Treatment Program

Initiative Statute. Put on the ballot by Petition Signatures

6,199,992 / 60.8% Yes votes ...... 3,991,153 / 39.2% No votes

See Also: Index of all Propositions

Information shown below: Summary | Yes/No Meaning | Official Information | Arguments |
Summary Prepared by the state Attorney General:
  • Requires probation and drug treatment program, not incarceration, for conviction of possession, use, transportation for personal use or being under influence of controlled substances and similar parole violations, not including sale or manufacture.
  • Permits additional probation conditions except incarceration.
  • Authorizes dismissal of charges when treatment completed, but requires disclosure of arrest and conviction to law enforcement and for candidates, peace officers, licensure, lottery contractors, jury service; prohibits using conviction to deny employment, benefits, or license.
  • Appropriates treatment funds through 2005-2006; prohibits use of these funds to supplant existing programs or for drug testing.

Meaning of Voting Yes/No
A YES vote of this measure means:
Adult offenders convicted of being under the influence of illegal drugs or using, transporting, or pos-sessing illegal drugs for personal use would generally be sentenced to probation and drug treatment.

A NO vote of this measure means:
Adult offenders convicted of being under the influence of illegal drugs or using, transporting, or pos-sessing illegal drugs would generally continue to be sentenced to prison, jail, or probation. There would be no requirement that they be sentenced to drug treatment.

Official Sources of Information
Arguments Submitted to the Secretary of State

Summary of Arguments FOR Proposition 36:
The war on drugs has failed. Nonviolent drug users are overcrowding our jails. Violent criminals are being released early. Drug treatment programs are rarely available. We pay $25,000 annually for prisoners when treatment costs only $4,000. Expanded treatment programs will reduce crime, save lives, and save taxpayers hundreds of millions.

Full Text of Argument In Favor, Rebuttal

Summary of Arguments AGAINST Proposition 36:
Proposition 36 prohibits jail for persons convicted of using heroin, crack, PCP and other illegal drugs, or for possessing “date rape” drugs-even those with prior convictions for rape, child molesting and other violent crimes. Proposition 36 has no regulatory safeguards, cripples legitimate treatment, invites fraud and endangers public safety.

Full Text of Argument Against, Rebuttal

Contact FOR Proposition 36:
California Campaign for New Drug Policies
(310) 394-2952

Contact AGAINST Proposition 36:
Californians United Against Drug Abuse, Sponsored by Law Enforcement, Drug Treatment Professionals, Healthcare, Crime Victims and Taxpayers-No on 36.
455 Capitol Mall, Suite 801
Sacramento, CA 95814

  Official Information

Secretary of State

Nonpartisan Information

League of Women Voters

California Voter Foundation News and Analysis

KCET/KMEX Decision 2000

KPBS San Diego Public Broadcasting Sacramento Bee San Francisco Chronicle General Links

WWW sites

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Created: January 25, 2001 02:35
Smart Voter 2000 <>
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