Attorney General No.

SA1999RF0038,Amdt.#2-NS

Secretary of State No.

864

Description

DRUG TREATMENT DIVERSION PROGRAM. INITIATIVE STATUTE. Requires drug treatment program and probation for certain non-violent drug possession offenses and similar parole violations not including sale, production or manufacture. Permits court to impose additional conditions of probation but not incarceration. Specifies procedures for determining probation or parole violation and consequences. Authorizes dismissal of charges upon successful completion of treatment but requires disclosure of arrest and conviction to law enforcement and as necessary for candidates, peace officers, licensure, contracting with State Lottery, jury service. Requires studies of measure's effectiveness. Appropriates state funds and uses forfeited assets for drug treatment program. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure is likely to result in net savings to the state that probably range between $100 million and $150 million annually for lower costs for prison operations with a one-time avoidance of capital outlay costs of between $475 million and $575 million for prison construction. Counties would probably experience net savings of about $50 million annually due primarily to a lower jail population. This measure would also likely result in the transfer to a state trust fund, and the subsequent reallocation to counties, of as much as $71 million annually in asset forfeiture proceeds. About $10 million in asset forfeiture proceeds could be transferred from the state and as much as $61 million could be diverted from counties, cities, special districts, and school districts.

Proponents

Cliff Gardner C/O Barry Fadem Bagatelos & Fadem, 601 California Street, Suite 1410, San Francisco, Ca 94108

Date

12-9-1999

Document Type

Initiative

Qualified

Failed to Qualify

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