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Prop. 36 needed a fix: many did not get treatment

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buy this photo In December, Oceanside police arrest transients they found camping in the brush along the San Luis Rey River. Police recovered a pipe used to smoke methamphetamine in one of the tents; one veteran of the city's Illegal Encampment Detail estimates that 90 percent of the transients he encounters have severe drug problems. Gov. Schwarzenegger recently signed into law changes that tighten enforcement provisions of Proposition 36, the state’s voter-approved mandatory treatment program for nonviolent drug offenders. <br><small><B>BILL WECHTER </B> Staff Photographer</small> <br><A HREF="https://secure.townnews.com/nctimes.com/forms/photo_services/linkorder.php?des= Photo BILL WECHTER/ In December, Oceanside police arrest transients they found camping in the brush along the San Luis Rey River. Police recovered a pipe used to smoke methamphetamine in one of the tents; one veteran of the city's Illegal Encampment Detail estimates that 90 percent of the transients he encounters have severe drug problems. Gov. Schwarzenegger recently signed into law changes that tighten enforcement provisions of Proposition 36, the state’s voter-approved mandatory treatment program for nonviolent drug offenders." target="new">Order a copy of this photo</A> <br> <A HREF="http://www.nctimes.com/news/photogallery/" target="new">Visit our Photo Gallery</A> <br> <hr width="250">

Opponents to Senate Bill 1137 (Ducheny), signed into law by the governor on July 12, would have you believe that it violates the "will of the people" by changing Proposition 36. Opponents imply that drug users will now be sent to jail instead of receiving drug treatment. The intent of SB 1137 is exactly the opposite -- it is designed to ensure that more drug abusers are held accountable for receiving valuable drug treatment, and not left to fall through the cracks.

Consequences play a major role in substance abuse treatment. Many individuals sentenced under Prop. 36 never enrolled in treatment. Some who did enroll continued to use drugs and miss treatment groups, and there would be no consequences to their actions. Though the voters of California recognized drug addiction as a disease when they approved Prop. 36, they most likely intended that the most effective treatment programs and tools would be utilized.

Professionals in the field of substance abuse treatment, law enforcement and the court system anticipated problems when Prop. 36 was first passed in 2000. Drug treatment without drug testing and no consequences for noncompliance makes it harder for treatment staff to hold clients accountable.

Prior to the passage of Prop. 36, San Diego County had already implemented Drug Court, which was viewed as a model program throughout the country. Many believe the success of Drug Court was because of the accountability factor.

After the first year of Prop. 36, supporters of the proposition gave San Diego County a D grade for its implementation. This grade was not based on a lack of referrals or treatment availability, but because San Diego County partnered with probation and funded drug testing for participants. The writers of the proposition did not want probation involved, and did not want money spent on drug testing.

In the implementation phase and the first year it was very difficult finding common ground that both treatment providers and probation could agree upon. It was definitely a balancing act. Bridging a strong public safety philosophy that historically is "tough on crime" with substance abuse treatment philosophy that was founded on guidance and developing a strong social support system forced consensus-building and compromise.

I have great respect for both sides of this issue; substance abuse tears families apart as well as the individual who suffers from a chronic addiction.

I have had to come to terms with the fact that we need many tools to treat those who suffer with substance abuse dependence.

Many who reach a treatment program through Prop. 36 are able to be successful in adapting to a new way of life, and others continue to struggle with their chronic addiction. Some Prop. 36 participants are faced with enduring many harder lessons. One of the lessons is taking responsibility for one's own actions, and that may result in being held accountable and include a sanction from the court.

I have come to believe that a public safety model and a public health model can work hand in hand to create a thriving healthy and safe community -- a community that encourages open communication and is committed to consensus-building and mutual respect.

Treatment works, and many graduates of Prop. 36 are living healthy lives taking care of themselves and their families. They are holding down jobs or going to college to prepare for a bright future. Most important, they are giving back to the community they once took from.

Francine Anzalone-Byrd is executive director of North County Serenity House Inc., an Escondido-based substance abuse rehabilitation program for women that is celebrating its 40th anniversary this year. John Byrom, community organizing specialist for the North County Prevention Coalition, contributed to this essay.

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