Some counties have established court departments dedicated to Proposition 36 cases, hiring staff and developing procedures as cases move through the system. Gavin Newsom, Proposition 36 proponents turned to the initiative process and took the measure directly to voters without including a dedicated funding mechanism. Newsom and the Legislature initially approved $100 million, split between county behavioral health programs and courts, after Proposition 36 passed. Proposition 36 supporters argue the funding shortfall has prevented counties from establishing the treatment infrastructure necessary to fulfill the measure’s promises. Chatfield said the uncertainty can make accepting the Proposition 36 treatment pathway a significant decision for defendants because failure can ultimately expose them to incarceration.