A. Thomas McLellan, PhD., CEO of the Treatment Research Institute (TRI) in Philadelphia, today applauded California Governor Arnold Schwarzenegger and the California legislature for reforming the state’s Proposition 36 program under which treatment in lieu of incarceration is offered to some substance abusing offenders.

Calling it a “blending of science with policy,” McLellan noted the reform package builds on research findings compiled by TRI’s Douglas Marlowe, J.D., Ph.D. pointing to the need for more direct and continuing judicial involvement for offenders enrolled in “diversion” programs. “This reform package is supported by substantial empirical evidence from Marlowe and other researchers that drug-involved offenders are likely to do best when there is a true collaboration between clinicians and the courts - when there are clear, certain and rapid consequences for failing to participate in or respond to addiction treatment. These kinds of consequences coupled with evidence-based addiction treatment appear to be the formula for success in diversion programs such as drug courts,” McLellan said.

The reform measure he referred to is a restructuring of California’s Proposition 36-mandated diversion program that permits some drug-involved offenders to avoid jail time provided they enroll in and make progress in a treatment program. As originally enacted by voter proposition, however, Proposition 36 called for minimal involvement of the courts or judges. Although there were gains seen among those diverted to treatment in lieu of jail, too many offenders permitted to attend treatment never went at all, and/or dropped out prematurely with few consequences.

The reform legislation added new requirements drawn from a now substantial body of research on the best ways to combine criminal justice and treatment interventions. This research, much of it done by Marlowe and his colleagues, indicates three important contributors to good outcomes, all reflected in the reform:

TRI’s Marlowe also noted the increases in funding included in the legislation, and the requirement that the results of the reform be measured three times over the next six years. “In other jurisdictions, evaluations have shown the traditional drug court model, which the California initiative will now resemble, reaps savings far in excess of the investment, as better treatment outcomes lead to fewer arrests and incarceration costs, lower health care utilization, and reductions in other costs the public bears when substance abuse is not effectively treated.”