Navigating the Bumpy Road to Recovery Under Proposition 36

In a bustling downtown courtroom, a man in his 40s faces a daunting task. He needs to find drug treatment, but he lacks basic resources like a phone, a car, or even money for a bus ride. His judge, Cindy Davis, tries to help by printing out a map and giving him clear directions. But the man knows it won't be easy. He's been charged 18 times for drug possession over 15 years and has struggled with treatment before. Proposition 36, a law passed last November, was supposed to help people like him. It reclassified certain drug and theft crimes as felonies for repeat offenders, aiming to tackle retail theft. But since it took effect, about 77% of the 3, 100+ arrests have been for drug possession. The law didn't come with funding for treatment or coordination, leaving many defendants to figure things out on their own. The man in the courtroom is one of 15 people there that day. Only three who were out of custody showed up. The rest were either missing or brought in from jail for skipping court. Judge Davis encourages them, but admits her role is limited. She can't do much beyond giving them a map and a deadline. Another judge, Paula Rosenstein, gives a defendant another chance, warning him it might be his last. Since April, over a third of defendants charged with drug crimes under Proposition 36 have missed court hearings. The lack of resources and support makes it hard for them to stay on track. The county wants to help but doesn't have the money or the plan yet. Proposition 36 didn't include funding, and the state only recently agreed to a small allocation. Meanwhile, defendants struggle to find treatment and stay out of trouble. Some people think Proposition 36 should be more like drug court, a strict program with regular check-ins and support. But others appreciate the flexibility. A woman in the program said she liked being able to choose her own treatment provider. She's been through this before and feels more confident this time. Experts say the key is a "warm handoff" — quickly connecting people to treatment after court. They also recommend close supervision and collaboration between the court and treatment providers. But right now, Proposition 36 defendants are mostly on their own, given a list of providers and told to make the calls. Eric Rodriguez, who's been through drug court, thinks Proposition 36 could learn from it. Drug court offers counseling, housing, and job support. It's more structured and has a team to help people succeed. Rodriguez believes Proposition 36 needs that kind of support to really make a difference.