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Name: Gardner v. Schwarzenegger
Case #: A122920
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 11/05/2009

A bill allowing incarceration for drug offenders was invalid where it conflicted with the provisions of Proposition 36. Plaintiffs filed for injunctive and declaratory relief, contending that Sentate Bill 1137, which sought to amend Proposition 36 by, among other things, allowing incarceration for those who violate probation in circumstances where Proposition 36 previously prohibited incarceration, was unconstitutional. The trial court granted summary judgment, finding that the incarceration provisions of SB 1137 were inconsistent with the purposes approved by the voters, as were the changes to diversion eligibility. The trial court entered judgment declaring SB 1137 invalid, and enjoining its enforcement. The appellate court agreed and affirmed the trial court’s order. Proposition 36 was intended to promote public health by expanding treatment for drug abuse, enhance public safety by freeing jail cells for violent criminals, and save money by affording treatment in lieu of incarceration. The expansion of incarceration provisions by SB 1137 clearly contravenes these purposes.