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«From Inception to Implementation: How SACPA has affected the Case Processing and Sentencing of Drug Offenders in One California County DISSERTATION ...»

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Describe respondent’s background, job title, experience…

1. How many offenders do you arrest, or assist in the arrest of, per month for the following offenses?

Under the influence (11550, 11550(a)): Poss. of Paraphernalia (11364):

Poss. of non-narcotic (11377, Fel. Poss. of narcotic (11350):


Poss of syringe (4140):

1a. Have these numbers changed much since July 2001 (when PC1210 became law)?

If so, how and why?

1b. Arrests for felony dangerous drugs (11377(a), 11378, 11379(a), 11375(b)) skyrocketed from 2000-2002, and 2003-2004. Any ideas what might account for this dramatic increase? (have chart available)

2. Please tell me what you know about Proposition 36. What it is, who it applies to, etc… How do you learn this?

3. Did the department provide any training on the law (ie a training video during briefing)? If so, when did this training occur? (before implementation, 2001/2002, just recently) Can you tell me about the topics which were covered or what you learned?

4. How often do officers (or other agency personnel) discuss the law? When it is discussed, what do officers typically talk about? What types of comments are usually made? (i.e. regarding the offenders, the law itself, effects of the law…)

5. Before Proposition 36 became effective, did you give much thought as to how it might affect your job? If so, what kinds of expectations did you have?

6. What has the actual impact of the law been on your job? How is this different from your expectations?

7. Has Proposition 36 changed the availability of CI’s (Confidential Informants) or your relationship with CI’s?

8. Has Proposition 36 changed how law enforcement officers handle parolees arrested for possession of a controlled substance, such as methamphetamine? (Parole hold = can’t bail out, is this still typical?) What about parolees arrested for being under the influence?

9. How often do you come across an individual with a warrant for violation of PC1210 probation? Do you think the number of probation violation warrants has changed as a result of Proposition 36?

10. Has Proposition 36 changed the way you do your job in other ways? If so, how?

(i.e. has it changed the tactics or strategies you employ to arrest various suspects?)

11. What factors do you consider when you decide whether to arrest an individual for an offense such as under the influence of a controlled substance or possession of a controlled substance (or paraphernalia)?

12. How does Proposition 36 impact your decision to arrest an individual or what crime you charge an individual with?

13. Do you think Proposition 36 could have had an impact on the number of arrests for drug crimes in your city? How? Why?

14. Is there a department/agency policy written about the law? If yes, can you tell me what the policy states? May I have a copy?

15. Unlike drug courts and other diversion programs, Proposition 36 applies universally to all non-violent drug offenders who aren’t disqualified by a current contemporaneous offense or past criminal history. Do you think this impacts what other law enforcement officers feel about the law? Do you think it impacts the actions of other law enforcement officers?

16. What if you saw that treatment was working would l.e. be more favorable to it?

17. Do you recall how you felt about Proposition 36 when it was on the ballot?

17a. Did you vote for it, or against it?

18. What do you think of Proposition 36 as a policy now?

19. Do you think Proposition 36 is working? Why or why not?

20. If you could make changes to Proposition 36 to make it more effective, what changes would you make?

21. Do you know which offenses qualify for Proposition 36 sentencing in Orange County?

21a. Do you know if a drug offender’s past criminal history can disqualify him/her for Proposition 36 sentencing in Orange County? If yes, any idea what would disqualify a person?

21b. Can a drug offender in Orange County be sentenced under Proposition 36 if s/he has had past drug program failures (PC1000, P36, DTC)? If yes, how many past failures are tolerated?


I’m going to read you four vignettes, please tell me what action you would most likely take with the offender today, with Proposition 36 in effect.

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