This would increase the time prisoners are incarcerated. Currently, they are eligible to be released after serving one-third of their sentence. Under this proposal, they would have to serve 85 percent of their sentence. Drug treatment diversion Judges regain discretion to divert C, D, and E offenders convicted for simple possession into treatment instead of prison. All other categories could be diverted only with DA consent.
Prosecutors have veto power over selection of provider and the length of treatment.
If treatment extends beyond 18 months, the DA can object and insist the defendant be sentenced to prison. Eliminates the traditional power of judges to supervise an offender sentenced to probation during treatment by requiring incarceration of any second felony drug offender, if the DA alleges any technical violation of the conditions of probation. For example, although relapse is an anticipated part of recovery, if a defendant tests positive for drugs during a random urinalysis, the DA can request that probation be revoked and the defendant sent to prison. This seriously undermines a key tenet of the therapeutic relationship essential to treatment success. Resources for treatment Does not provide additional resources for drug abuse treatment, despite significant estimated savings.