Sonoma County drug court facing new reality

Three months after California voters approved Proposition 47 with the aim of reducing the state’s swelling prison population, the reclassification of certain felonies as misdemeanors is having an unwanted side effect. Facing lighter punishments, some offenders who previously would have participated in drug rehabilitation programs are opting out, choosing to serve newly shortened sentences instead.

Officials in Sonoma County fear that by removing a legal incentive for treatment, the new law may worsen the cycle of drug addiction and crime.

“We’re all very concerned,” said Mike Perry, a Sonoma County chief deputy public defender assigned to county’s drug court. “We’ve had clients drop out. We’re scared for them because they really do need treatment and they’re no longer receiving it.”

Many of his 55 drug court clients agree.

“It’s sad for me,” said Jasmine Roper, 39, of Santa Rosa, who has been in the program for 14 months. “I have seen people opt out who were struggling on the path of recovery. A year of your life to build a foundation to be clean and sober is not that long.”

To its credit, Proposition 47, approved by nearly 60 percent of voters in November, achieved its stated goal. Prison and jail populations have fallen across the state as people convicted of crimes such as shoplifting and simple drug possession have received shorter sentences and been released sooner. Savings from the measure are supposed to be used for a number of education programs aimed at preventing future crimes, as well as for victim services and other programs.

Under the old law, possession of heroin, which is surging in popularity, was punishable by up to three years in prison. Now, a conviction carries a maximum of one year in jail with at least six months’ credit allowed for good behavior.

The same applies to the other crimes covered under the proposition, such as theft, fraud or forgery under $950 and personal use of most illegal drugs.

Sonoma County jail officials said the change is evident. The measure reduced the population by about 8 percent, to 1,081 inmates as of Friday, said Randall Walker, assistant sheriff in charge of county detention.

However, attendance in treatment programs offering a chance to remove convictions upon completion appears to be suffering, Perry said.

People are deciding simply to serve 30 to 90 days in jail instead of facing rigorous programs that require up to a year of random drug tests, being subject to searches and regular attendance at meetings, Perry said.

Once they’ve done their time, the worry is they will resume addictions and continue on what prosecutors called a hamster wheel of crime.

“Drug treatment needs some sort of stick,” said Brian Staebell, a Sonoma County chief deputy prosecutor who is tracking Proposition 47 results. “You have to have it for this stuff to work.”

Perry said about 15 percent of drug court participants have dropped out so far upon receiving sentence reductions.

“I think it reduces the motivation for people to participate in our programs,” said Ken Gnoss, the county’s presiding judge and head of drug court.

Gnoss said the court was flooded with requests for resentencing the first month. The numbers have tapered through March 1 as those punished under the old law are phased out of the system.

It’s unknown how many new offenders would have accepted drug treatment but didn’t. Some judges try to nudge them toward it by threatening maximum sentences and being less forgiving.

At least one drug treatment program, TASC, or Treatment Accountability for Safer Communities, has not experienced a drop in participation. Mike Maritzen said he expected up to 30 percent to opt out but they didn’t.

He said it’s too early to say why.

Law enforcement officials also say it’s too soon to tell if the law, which was backed by about 60 percent of Sonoma County voters, will result in an uptick in crime. An early concern was shorter sentences for drug-addicted felons could lead to a rise in property crimes such as burglary.

And just whether it will result in any noticeable savings is in question.

Walker said the jail population is becoming more transient. Instead of inmates serving three years all at once, the concern is they may end up serving “three years, 90 days at a time.”

He wonders if the services that are supposed to be paid for through the proposition will keep people from reoffending.

“If not, that person will be in and out,” Walker said.

The measure’s supporters estimated Proposition 47 would generate up to $250 million a year statewide.

It is seen as a way to reduce excessive punishments for crimes that are nonviolent and don’t involve career criminals. As many as 10,000 inmates were expected to be released.

Santa Rosa attorney Joe Bisbiglia defended the law, saying people who need drug treatment can still get it if they want.

“It’s unfortunate that people are opting out, but they are a minority,” Bisbiglia said.

Perry also supported the proposition’s passage but now wonders about its disadvantages. Maybe the trend to drop out of treatment programs is temporary and will reverse itself as offenders pick up new cases, he says.

“I never believed these crimes should be felonies, but I also believed my clients need treatment,” Perry said. “So I’m stuck in the middle.”

You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com. On Twitter @ppayne.