Judge Blocks Prop. 36 Amendments

OAKLAND COURTHOUSE, July 13 — This afternoon Alameda County Superior Court Judge Winifred Smith entered a temporary restraining order (TRO) stopping Senate Bill 1137 from taking effect. The bill, signed into law yesterday by the Governor, makes controversial changes to the treatment-instead-of-incarceration initiative, passed by 61 percent of voters in 2000.

Daniel Abrahamson, director of legal affairs for the Drug Policy Alliance, says, “SB 1137 radically rewrites Prop. 36. Prop. 36 provides treatment instead of incarceration, whereas SB 1137 allows incarceration during treatment. That’s why this case is so clear cut.”

In issuing the TRO, the judge found that the Drug Policy Alliance and California Society of Addiction Medicine had a “substantial likelihood of success” in the lawsuit to overturn SB 1137.

According to the court, “Plaintiffs have demonstrated that serious irreparable harm will occur unless a status quo injunction is granted.” The judge’s order prevents any implementation or enforcement of SB 1137.

The next hearing in the case, regarding a preliminary injunction, is currently scheduled for Friday, July 28, at 10:00 am.

Learn more about SB 1137 and the Complaint filed in Alameda County Superior Court.