Incarceration is a counterproductive response to drug use, and particularly to drug misuse. Instead, non-violent drug offenders should be given an opportunity to receive treatment, not jail time, for their drug use, resulting in a more effective as well as cost saving solution for the individual and the community. The Office of Legal Affairs is actively involved in drafting ballot initiatives and legislation that would allow non-violent drug offenders the right to treatment instead of incarceration.

Current projects:

Proposition 36 Implementation: The Office of Legal Affairs, in conjunction with our California Capitol office, works actively to monitor the implementation of California’s treatment-instead-of-incarceration initiative that passed in November 2000. We monitor court cases throughout the state, office legal assistance and advice to defense attorneys, draft amicus briefs and amending legislation, and work to keep the intent of the initiative intact. The Office of Legal Affairs has also created a Model Plan for the implementation of Proposition 36.

The Office of Legal Affairs also assists in drafting and providing technical assistance to treatment instead of incarceration initiatives around the country:

- District of Columbia: Measure 62, Treatment Instead of Incarceration Initiative

- Hawaii: SB 1188, mandated treatment bill

More information on treatment instead of incarceration