Proposition 36 Applies to Defendants Charged Before July 1, Orange County Judges Rule

The Orange County Superior Court Appellate Department ruled on Aug. 15 that defendants charged with drug possession before Proposition 36 took effect July 1 are eligible for treatment under the initiative, the Orange County Register reports. Proposition 36 is the voter-approved initiative that calls for most nonviolent first- and second-time drug offenders to be directed toward treatment instead of jail. The appeals panel also ruled that Proposition 36 applies to those defendants only charged with possession of drug paraphernalia, not drugs. The rulings, which were made public last week, prompted Anaheim prosecutors to drop their appeals in nine cases. Anaheim prosecutors had challenged rulings by trial court judges who extended Proposition 36 to drug offenders arrested but not sentenced before the law took effect and to offenders charged with possession of paraphernalia. In their ruling, judges Frank Fasel and Nancy Stock criticized prosecutors' attempt to deny treatment to those defendants convicted of drug paraphernalia possession, saying it "would lead to absurd results that run contrary to the expressed intent of the voters." However, Assistant Anaheim City Attorney Pat Ahle said that the city would appeal future cases "if the city found legal reasons to contest actions by judges" (McDonald, Orange County Register, 8/31). Proposition 36 supporters "praised" the ruling, saying that it would be "illogical" to provide treatment for those charged with drug possession but not to those charged with possession of drug paraphernalia (Los Angeles Times, 8/31).