How will the Sacramento region pay for Proposition 36 drug treatment programs?

The Sacramento region’s momentum to enact a voter-approved referendum — which increased consequences for repeat thieves and instated a treatment option for those convicted of drug charges — escalated this month as counties vie for limited state funds and confront complications to ensure the new law becomes a reality.

Californians overwhelmingly approved Proposition 36 last year, which created a felony charge for a person accused of stealing for a third time, hiked prison terms for some theft or property damage and created a new drug court process for those convicted of drug charges for a third time, according to the state’s Legislative Analyst Office.

Prosecutors may choose to charge a “treatment-mandated felony” for a person with illicit narcotics if they have two or more past convictions for drug-related offenses. Local counties are attempting to create funding streams for this new treatment program and applying for a grant under the Board of State and Community Corrections. Applications are due June 23 and funds will distributed Oct. 1.

The race to secure coveted funds comes as Gov. Gavin Newsom did not carve out dollars in his recent state budget proposal for Prop. 36. His draft budget also cut $20 million for a pretrial release program, which is money used by local probation departments to monitor defendants released after their arrest. Probation Departments across the state are also involved in funding rehabilitation programs under the referendum.

“This forces counties to do more with less,” according to a statement from Chief Probation Officers of California President Steve Jackson.

The state grants will only last until 2029, and will force municipalities to come up with new funding mechanisms after the money expires.

“If we don’t have the funding, then the program’s not going to be very effective,” said Placer County Probation Chief Brian Passenheimm.

Counties must also figure out where to house those arrested on suspicion of the new charge created under Prop. 36.

Placer County law enforcement arrested about 206 people under the new referendum, but grappled with a shortage of beds, said Placer County Sheriff Wayne Woo during a Board of Supervisors meeting in April. The downtown Sacramento jail’s population expanded by more than 200 people since the referendum’s implementation, Sacramento County Sheriff Jim Cooper said at Tuesday’s Board of Supervisors meeting.

Both jails in Placer and Sacramento counties are under a federal consent decree which in part mandates officials reduce the jail’s population. Deputies at the Auburn jail begins releasing people after it reaches a capacity of about 130 inmates per month, Woo said.

“We don’t have a choice,” he said.

Without funding, officials in Sacramento, Placer and Yolo counties contend their officers’ caseloads will balloon.

The Placer County Probation Department has about 27 people waiting to be enrolled in treatment under Prop. 36, which is separate from existing programs. One officer under industry standards is supposed to have about 20 people to effectively manage, Passenheim said. Officers monitor progress and driving them to appointments.

Without enough resources, a person could fail to complete the program and correct their behavior, he said. The entire goal of improving Prop. 36 is to help inmates attain a better quality of life, he said.

The hope, he said, is that the inmate becomes part of the community.

The Sacramento County Probation Department is not in charge of implementing the treatment program included in Prop. 36, said Assistant Chief Deputy Jereme Dick, a spokesperson with the Sacramento County Probation Department.

Prosecutors could charge thousands of people with a treatment-mandated felony, but opt to be judicious to not overwhelm the system, said Yolo County Assistant Chief Deputy District Attorney’s Garrett Hamilton during last week’s Board of Supervisors meeting. A defendant’s charge could be dismissed once successfully completing the program, he said.

Yolo County Public Defender Tracie Olson said defendants charged under Prop. 36 only affect a select population. A defendant with a substance abuse issue may not always qualify for treatment under the referendum despite needing it, she said.

She added noncitizens pleading under this new charge could face consequences such as deportation and being separated from their families.

The number of defendants who accept treatment are fewer compared to those initially charged by prosecutors, leading to less burdens on systems, said Yolo County Chief Probation Officer Rachelle Gayton. Still, the county could see a higher capacity of those seeking help with limited capacity to offer it, she said.

“Like anything, we always are facing different challenges when we’re trying to roll something new out,” she said.

Yolo County Supervisor Oscar Villegas said if the Legislature does not earmark funding or if the county does not win grant, they will have to determine other plans.

“Time’s running out,” Villegas said. “If it does run out, we are going to be on the hook.”

This story was originally published June 9, 2025 at 7:00 AM.