Prop. 36/SACPA (Substance Abuse and Crime Prevention Act)

  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.

 
Frequently Asked Questions
image 1 What is Prop. 36/SACPA (Substance Abuse and Crime Prevention Act)?
image 1 How do clients qualify for SACPA programs?
image 1 Do you have to be convicted to be eligible for SACPA services?
image 1 What do SACPA services consist of?
image 1 For how long is the client involved in SACPA programs?
image 1 Are there restrictions on clients?
image 1 Are there client fees/costs?
image 1 If convicted in one county, can clients receive SACPA services in another?
image 1 Where are services available?
image 1 Do programs have a family-involvement component?
image 1 Is there a minimum age?
image 1 What happens if clients don't complete their program?
image 1 Is there drug testing?
image 1 What happens to existing Department of Alcohol & Drug Services (DADS) clients if they subsequently become eligible for SACPA?
image 1 Are there standards for SACPA programs?
image 1 Are services available in other languages, such as Vietnamese and Spanish?
image 1 Do SACPA clients (once deemed eligible) still have to go through Gateway?
image 1 Please describe the steps the client takes to enter the Adult Services System.
 

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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