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Prop.
36/SACPA (Substance Abuse and Crime Prevention Act)
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BACKGROUND
California voters passed Proposition 36, the Substance Abuse
and Crime Prevention Act, in November 2000. The law (now known
as SACPA) went into effect on July 1, 2001. SACPA mandates
that persons arrested for non-violent drug offenses be offered
opportunities for treatment instead of serving jail time.
Before SACPA, a defendant convicted of PC 11550 (under
the influence of an illegal drug) faced mandatory jail time
of 90 days for a first offense and 180 days for a subsequent
offense. (The Court had the option of allowing these defendants
to serve this time in licensed residential substance-abuse
treatment facilities.) Under SACPA, the same defendant would
have an opportunity to participate in treatment and would
only face 30 days jail time after repeated failures in the
program.
ASSESSMENT
SACPA mandates that all clients be referred based on assessment.
In Santa Clara County, the assessment is done either in
jail or at the Assessment Center. In either case, the client
receives a preliminary assessment of "Risk and Needs"
from the Probation Department to determine the level of
supervision required. There are three levels of supervision:
- "Banked", the lowest level, is used for low-risk
offenders and involves contact between the offender and
the Probation Officer (P.O.) only if there is a problem
such as another arrest or a positive drug test.
- "General supervision", the middle range for
medium-risk offenders, provides limited contact between
P.O. and offender
- "Intensive" is for high-risk offenders who
need regular contact with their P.O.
DADS staff then assess clients to determine the appropriate
placement in treatment. The assessment and placement process
uses the Patient Placement Criteria developed by the American
Society of Addiction Medicine (ASAM). Most clients attend
an orientation session which provides them with both an
overview of SACPA and an introduction to treatment and recovery,
with special emphasis on the variety of services and support
groups available in our community.
SERVICES
Most clients attend either residential treatment (if they
have a serious problem with alcohol and/or other drugs and
need the support of a structured, live-in environment to
be stabilized) or outpatient treatment if they are able
to come to a clinic to work on their problems. Most clients
referred to residential treatment are expected to move on
to outpatient treatment, once their situations have stabilized.
A few clients need detoxification services to rid their
bodies of alcohol and other drugs before starting treatment.
A few opiate addicts need narcotic replacement therapy (methadone
maintenance) to stay opiate free. Pregnant women are referred
to Women's Treatment Services, which includes both methadone
maintenance and drug-free tracks. There are other specialized
services for dual-diagnosis clients (those who also have
mental health problems), including clinically managed residential
treatment, specialized outpatient treatment, and intensive
case management. A range of culturally competent services
is available in Spanish, Vietnamese, and other Asian languages.
All clients are strongly encouraged to develop support networks
(Twelve Step, Rational Recovery, church, or other spiritual
groups) to help them maintain clean and sober lives.
CASE MANAGEMENT
SACPA offers case management to clients who are assessed
to be at high risk for relapse or failure in treatment.
Referrals can be made by DADS assessors, judges, P.O.s,
and by treatment programs who deem the clients at risk to
drop out of treatment. A case manager checks in with clients
throughout their participation in treatment to ensure that
they are receiving the services they need, to assist them
with resolving issues which may be interfering with their
participation in treatment, and to recommend modifications.
ANCILLARY SERVICES
Ancillary services are those additional services which support
clients to be successful in treatment. They include housing
support, literacy training, vocational training, child care,
transportation assistance, etc. Examples of ancillary services
include bus passes to help clients get to treatment, vouchers
to get dental work done, help with a security deposit on
a new apartment, etc.
COLLABORATION
The most outstanding and unexpected development with SACPA
has been the collaboration that has developed between the
treatment and justice agencies. DADS and Probation share
a brand-new Assessment Center where all out-of-custody assessments
are conducted. This physical proximity has facilitated a
sharing of pertinent information (as allowed by clients'
signed consent) and better mutual understanding of the roles
of each agency. In addition to DADS and Probation, the SACPA
network includes the Courts, the District Attorney, the
Public Defender, Pre-Trial Services, and the County Executive's
Office (which is the lead agency in Santa Clara County).
EVALUATION
DADS research staff continually track the flow of clients
through the system and help identify weak links where clients
are being lost. Their analysis of service-delivery data
has guided plans for the expansion and reduction of various
modalities-based on relative levels of usage and waiting
lists. Due to the newness of the program, few clients have
graduated thus far from SACPA services. However, as client
numbers increase, the outcome data that is being collected
will help evaluate clients' experiences in various modalities
and specific programs.
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| Frequently
Asked Questions |
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What is Prop. 36/SACPA (Substance
Abuse and Crime Prevention Act)? |
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How do clients qualify for
SACPA programs? |
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Do you have to be convicted
to be eligible for SACPA services? |
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What do SACPA services consist
of? |
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For how long is the client
involved in SACPA programs? |
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Are there restrictions on
clients? |
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Are there client fees/costs?
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If convicted in one county,
can clients receive SACPA services in another? |
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Where are services available?
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Do programs have a family-involvement
component? |
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Is there a minimum age? |
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What happens if clients don't
complete their program? |
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Is there drug testing? |
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What happens to existing Department
of Alcohol & Drug Services (DADS) clients if they subsequently
become eligible for SACPA? |
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Are there standards for SACPA
programs? |
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Are services available in
other languages, such as Vietnamese and Spanish? |
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Do SACPA clients (once deemed
eligible) still have to go through Gateway? |
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Please describe the steps
the client takes to enter the Adult Services System. |
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What is Prop. 36/SACPA (Substance Abuse
and Crime Prevention Act)?
The Prop. 36/SACPA (Substance Abuse and Crime Prevention Act)
was on the ballot in November 2000. The voters passed it by about
60%, and the law went into effect in July 2001. SACPA mandates
alcohol and other drug treatment instead of jail for first and
second non-violent drug offenses. For further information, please
contact Steve Maggetti at 408-295-3636.
How do clients qualify for SACPA programs?
The Santa Clara County District Attorney largely determines eligibility
by the nature of the charges, with input from judges and public
defenders. Once defendants are deemed eligible, they are charged,
convicted, and sentenced with a referral for assessment and treatment.
Most non-violent drug offenses deem a person eligible for SACPA.
Clients with convictions for violent crimes, sexual offenses,
or drug sales within the last 5 years are not eligible.
Do you have to be convicted to be eligible
for SACPA services?
Yes.
What do SACPA services consist of?
SACPA offers a combination of the following: Assessment, Orientation,
Education, Residential, Detoxification and Outpatient Treatment,
Transitional Housing Units (THUs), Case Management, Job Readiness
Training and other Ancillary Services, and Aftercare Education.
For how long is the client involved in
SACPA programs?
Clients may participate for as little as 90 days and as long
as 18 months. Most clients will be involved for 2-6 months.
Are there restrictions on clients?
Clients are on probation and must comply with requirements such
as court reviews, drug testing, fines, and participation in recommended
treatment and education services.
Are there client fees/costs?
All fees are based on the ability to pay.
If convicted in one county, can clients
receive SACPA services in another?
Yes. A client may decide to receive services in the county of
residence and will be referred to services in that county. Likewise,
they may be convicted in another county and receive services here.
Where are services available?
Psycho-education, Outpatient Treatment, and THUs are located
throughout the county. Other services are more centralized in
the San Jose area.
Do programs have a family-involvement
component?
Family counseling is considered an Ancillary Service and will
be made available to those who need or want it.
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Is there a minimum age?
Yes, clients must be at least 18 years old.
What happens if clients don't complete
their program?
They will return to court and the judge will determine what is
next for them. They may be given another chance, or they may spend
some time in jail.
Is there drug testing?
Yes. Drug testing (urine analysis) is done randomly at designated
sites.
What happens to existing Department of
Alcohol & Drug Services (DADS) clients if they subsequently
become eligible for SACPA?
Current DADS clients may remain in treatment where they are.
Their treatment provider will complete paperwork identifying them
as a SACPA client, and they will need to comply with the other
court requirements mentioned above. This also applies to clients
who receive Medi-Cal, who will be able to continue services in
a Medi-Cal-certified program.
Are there standards for SACPA programs?
Yes. Residential and Outpatient Treatment programs must be licensed
and/or certified. THUs which serve SACPA clients must be certified
by the Santa Clara County District Attorney.
Are services available in other languages,
such as Vietnamese and Spanish?
Yes. Services are available in several languages.
Do SACPA clients (once deemed eligible)
still have to go through Gateway?
No. After being deemed eligible, SACPA clients go to the Outpatient
Assessment Center on Julian Street (adjacent to the Terraine Courthouse).
Once in-custody clients are deemed eligible, they are referred
to the Jail Assessment Coordinator (JAC). The only time a prospective
SACPA client will go directly to Gateway is for pre-eligibility
(Pre-Trial Services, self, or another referral that sends them
to Gateway); i.e., before they are deemed eligible for SACPA by
the District Attorney and judge.
Please describe the steps the client
takes to enter the Adult Services System.
A SACPA client, once deemed eligible, must:
- Go through the SACPA Assessment (either in or out of custody),
unless going immediately to Detoxification;
- Attend at least one Orientation session (either in or out
of custody);
- Attend the scheduled intake and begin determined services
either before or after sentencing. If the client refuses a recommendation
for Residential Treatment, the assessor will make the treatment
recommendation and send it to the judge in the form of a treatment
status report. The client is told to go to the Orientation and
sentencing appointment and to tell the judge why he or she disagrees
with the recommendation. If the client can negotiate this situation
with the judge, we will place them in a lower level of care.
- A client who is referred either to Residential Treatment or
a THU may need to comply with the wait-list criteria (i.e.,
daily contact) if no Residential or THU beds are available immediately.
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