SACRAMENTO COUNTY, Calif. — Sacramento and Yolo counties will begin offering drug treatment instead of jail or prison time for people convicted of felonies related to their substance use disorder thanks to a bill recently signed by Gov. Gavin Newsom.
Bill author and California State Assemblymember Kevin McCarty said his legislation was, at first, vetoed by Newsom two years ago before he came around to signing it into law.
"I think what the governor and the legislature is finding is we need new ideas when tackling substance abuse issues, and the criminal justice system, the status quo just isn't working," McCarty told ABC10. "They can tackle what sent them to prison or jail in the first place."
But some drug policy advocates say presenting the option between prison or treatment is not effective for people struggling with substance use disorder who aren't ready to seek treatment.
"A choice between incarceration or treatment in a locked facility, if you think about it, it's not much of a choice. In many cases, it actually raises the risk of overdose for individuals who are coerced into the program once they are released," said Drug Policy Alliance California policy coordinator Norma Palacios.
The risk of overdose, Palacios said, comes in when people coerced into treatment and going through a period of drug abstinence are released. She said they can die of an overdose if they seek out the same dose of drugs without considering their steep tolerance drop.
Even if released back into the prison population, they still run the risk of accidental overdose because of drugs flowing in the prison.
"Our organization Drug Policy Alliance is opposed to this type of treatment modality because it robs people of their agency over their lives," said Palacios. "[California] runs the risk of placing individuals in traumatizing situations that could increase the stigma and make it more difficult for them to seek help and support later in life."
McCarty said he introduced the newly-signed law in response to the current system of treating substance use disorder isn't working, and that people convicted of crime in Sacramento and Yolo Counties should have an option to seek treatment over prison time.
He says this will ultimately make neighborhoods safer and both of the county's District Attorneys who help draft the legislation are excited to see Newsom sign it.
"We think they'll chose [treatment] because they'll realize that's the better outcome for them in the long run," said McCarty.
