Who would veto a drug treatment bill liked by conservatives and liberals? Gavin Newsom

Conservative and liberal legislators in California actually agreed on something. They wanted a mix of accountability and rehabilitation for drug offenders who struggle with an addiction. But Gov. Gavin Newsom was having none of it.

With only a single no vote on the Assembly floor, lawmakers of each party spanning the ideological spectrum approved a modest pilot project in Yolo County to create a secure residential treatment program for drug offenders.

The concept they rallied behind is straightforward. Assembly Bill 1542, by Assemblyman Kevin McCarty, D-Sacramento, would have provided an option for individuals convicted of drug-related felonies who have an addiction to serve time in a secure residential facility while going through treatment. Lawmakers were attempting to reflect the anti-incarceration reforms of the present while reestablishing some accountability for people who break the law, so AB 1542 seemed to be the sweet spot.

McCarty worked with Yolo District Attorney Jeff Reisig to craft the bill. Reisig told the Legislature that, in his experience, felons convicted of drug crimes were not able to find the rehabilitative treatments they needed to kick their addictions in prison.

These folks committed crimes because of their addiction, increasing their odds of becoming repeat offenders. Reisig’s motives were to stop the same people from cycling in and out of incarceration.

Plus, attempting to break the cycle of addiction is a humane motivation. Reisig and McCarty were merely seeking to pilot this approach at a single facility in Yolo County. If it yielded successful results, then future Legislatures could consider applying it more broadly or statewide.

The most conservative of Republicans agreed with the most liberal of Democrats and sent the bill to the governor. Newsom vetoed it on Oct 8.

In his brief veto message, Newsom claimed that giving convicted drug addicts the opportunity to divert into a residential rehab program is “a false choice.”

Come again? Newsom claimed that “evidence has shown coerced treatment hinders participants’ long-term recovery.” Since when are incentive structures to reform one’s life coercion?

So back to prison for them, without the option of the rehab program, because the governor believes the treatment might not work long term.

But why not try this approach for some years and see whether the offenders stay clean? It’s why it’s a pilot project at a single facility. It was such odd reasoning for a veto of a bill with a huge legislative mandate.

California has overlapping, broken systems that intersect with criminal justice, mental health, drug addiction and the homelessness crisis and that require difficult policy decisions. These include changing California’s laws regarding mental health commitments, establishing infrastructure for the requisite treatments and cracking down on petty property crimes.

Politicians have lacked the will to confront these issues because the big solutions would be difficult to achieve and possibly create political peril. It would be hard work. Legislators work around the edges, as with McCarty’s effort to start this pilot project. But there is no overarching plan to collectively solve these obvious problems.

Newsom hasn’t done much of anything to fill this leadership vacuum. When governors don’t have a plan, the Legislature will do what they can to address problems.

McCarty’s legislation was an example. I’m sure he thought he had a great bill. It was backed by a district attorney from his district and passed through policy committees in each chamber, where he had to defend its merits and earned overwhelming, bipartisan support. But Newsom struck it down.

Newsom of course has every right to veto the bill, but I’m sure the Legislature would appreciate some direction and leadership on how he thinks these issues should be addressed. Privately, Democrats in the Legislature grumble that they would like more information from the governor on a variety of issues.

McCarty says he will be back next year to make another attempt at the project. Sometimes persistence pays off. Governors make mistakes, and sometimes they don’t repeat them.