California's crime law, Prop. 36, didn't come with enough funding, panelists say
The Brief
Prop. 36 reinstates felony sentences and prison time for some repeat theft and drug crimes.
The ballot initiative didn't include a funding strategy for increased court cases, and drug and mental health treatment.
Police, public defenders and courts say there has to be more funding to cover prosecution and jail costs.
SACRAMENTO, Calif. - California lawmakers are trying to make sure there's enough money to pay the costs of Prop. 36, which reinstated felony sentences and prison time for some repeat theft and drug crimes.
The ballot initiative itself did not include a specific funding strategy for the expected increase in court cases, incarcerated people, and drug and mental health treatment required as part of the new law.
Some local law enforcement, public defenders, courts and county health officials say there needs to be more funding to cover the prosecution and the expected increase in jail and prison populations.
At a state Senate hearing on Tuesday, Stanislaus County Public Defender Jennifer Jennison said that in her county, there have been more than 140 mandated treatment felonies filed since Jan. 1.
All of those people, she said, have been arrested and booked into jail.
She noted her county does not have a plan for drug treatment and the county's mental health systems are at capacity, KCRA reported.
"We lack a lot," San Benito County Sheriff Eric Taylor told lawmakers.
He also told them the county's one contracted psychiatrist doesn't feel comfortable treating incarcerated people. He also noted residential treatment in the area is privatized and expensive.
"Our jails have become the de facto treatment centers because of the lack of bed space, not only mental health, but for treatment bed space," Taylor said. "We do want people to leave our custody better than when they came in. We are fighting an uphill battle because we just don't have the support."The courts estimate they will need more resources to pay for the extra 30,000 to 40,000 felony cases statewide, with 56% of them theft-related, and 44% of them drug-related.
Lawmakers and the governor will spend the next four months figuring out how much money to provide the Prop 36 effort through the state's budget process. The state spending plan is typically finalized at the end of June.
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