Grand Jury Report*

The D.A. has frequently documented the lack of statistical reporting on Prop 36 treatment outcomes. Requests have been made in writing that Prop 36 develop or compile statistics or measure the success of various treatment protocols that have been implemented. I concur. To date, anecdotal claims of success on behalf of Prop 36 defendants should be received with caution. Many have been deemed successful in the program merely because they completed the treatment program, without regard to the fact that they continued to use drugs while in the program. The statutory definition of "successful completion of treatment" includes that there must be a finding that there is reasonable cause to believe that the defendant would not abuse controlled substances in the future. It has been openly conceded by the various department representatives familiar with the defendants and their histories that there is no reasonable cause to believe that many who Hall of Justice, 800 South Victoria Ave., Ventura, CA 93009 www.ventura.org./vcda/ (805) 654-2500 Fax (805) 654-3850 The Honorable John R. Smiley August 26, 2005 have completed treatment will not abuse controlled substances again. These conclusions were reached largely due to the fact that the defendant continued to use drugs while on Prop 36 probation.

With Board approval, for fiscal year 2005-2006, the D.A. has established positions funded by $150,000 in Prop 36 money to review client treatment information in order to file non-compliances. I concur. Response to Recommendations: In reference to the Grand Jury Report's recommendations: