Pubdate: Mon, 13 Nov 2000 Source: San Diego Union Tribune (CA) Copyright: 2000 Union-Tribune Publishing Co. Contact: PO Box 120191, San Diego, CA, 92112-0191 Fax: (619) 293-1440 Website: http://www.uniontrib.com/ Forum: http://www.uniontrib.com/cgi-bin/WebX Author: Greg Moran, Staff Writer Note: Staff writer Mark Arner contributed to this report. Bookmark: For Substance Abuse and Crime Prevention Act items: http://www.mapinc.org/prop36.htm PROP. 36 MAY GIVE COUNTY, COURTS A TOUGH CHALLENGE Drug Treatment Idea Certain To Be Costly A week after voters resoundingly approved a sweeping change in California drug policy, court and county officials are beginning to piece together the new procedures called for in Proposition 36. They say it will not be an easy task. Proposition 36 requires treatment and probation instead of incarceration for people arrested for nonviolent drug possession offenses. It calls for spending $120 million per year to treat these offenders. Yet the money to be doled out to California's 58 counties likely will not be enough to implement everything the measure calls for, according to interviews with court and law enforcement officials. The measure will create a demand for more probation officers and staff as well as more capacity in drug treatment centers to handle an expected influx of new cases, but exactly how much will ultimately be needed is not yet known. The measure will not take effect until July 1, 2001. That time lag should help officials who say there is much to be done to prepare for the changes in how thousands of drug offenders are handled in the criminal justice system. Estimates before the election were that between 25,000 and 37,000 people arrested statewide each year would be sent to treatment instead of prison when the measure becomes effective. The proposition calls for treatment for drug possession crimes only. Someone who is charged with another crime -- such as resisting arrest -- would not be eligible. Parolees arrested for drug possession also are eligible for treatment, provided they do not have a conviction for a violent or serious felony. Previously, parolees arrested for drug violations could be sent back to state prison. Financial challenge Finding enough money, staff and space in treatment facilities to handle these cases is the challenge facing court officials. "One of the concerns we have is that the $120 million will not be nearly enough," said Vista Superior Court Judge David Ryan. He was virtually alone among his colleagues in defending the proposition. Ryan serves on a statewide judicial panel that will draw up guidelines for judges on how to apply Proposition 36. San Diego's share of the $120 million is unclear. The presiding judge of the Superior Court, Wayne Peterson, estimated that the county could receive as much as $10 million per year. Alan Crogan, San Diego County's chief probation officer and a vigorous opponent of the measure, said his staff estimates that 4,200 new cases will require probation supervision in the first three years the measure is effective. "Right now I don't have the (staff) capacity to handle that," Crogan said. Preliminary estimates from a study done by Crogan's staff show he may need to add as many as 80 new probation officers over the next three years, he said. Money also will have to be found to pay for drug testing for the thousands of new drug offenders in treatment, experts said. The measure specifically prohibits using any of the $120 million in treatment funds to test drug offenders. Last week, proponents of the measure said they were aware more money would be needed. Bill Zimmerman, executive director of the California Campaign for new Drug Policies and the leader of the initiative, said the strong vote in favor of the proposition could provide leverage with the state Legislature. Voters approved the measure 61 percent to 39 percent. "We don't think it will be difficult to go to the Legislature and say we need some supplemental funding to make this work," said Zimmerman. "I'm sure every elected official in the state will want to stand with the 61 and not the 39, and get this implemented." Treatment capacity Another big-ticket portion of the measure has to do with providing treatment for new offenders, most of whom will likely be placed in an outpatient program instead of a residential treatment program. Yet that could pose a problem, said Al Medina, director of Alcohol and Drug Services for San Diego County. "One of the issues we are facing is there is not enough treatment capacity in these existing programs," Medina said. Mike Franz, deputy director of the McAlister Institute for Treatment and Education -- which provides outpatient and residential drug treatment in the county -- agreed. "There will definitely have to be an expansion of services, no doubt," Franz said, but he doesn't know how much. "We'll need more treatment slots, more counselors." Although the measure was opposed by virtually all of the criminal justice system -- from prosecutors to probation officers to judges -- those same people will now have to work to implement it. Despite any such reservations, District Attorney Paul Pfingst said his office will enforce the spirit of the measure. "That means there is going to be a strong commitment to drug rehabilitation instead of incarceration," he said. "We are going to do everything we can within the criminal justice system to use treatment as aggressively as possible . . . We are going to implement what voters wanted. We will not be reluctant partners." Previously, treatment options were available to drug offenders through diversion programs and -- for a select number -- under the county's four drug courts. Those courts will continue to operate, said Judge Peterson, likely taking drug offenders who would not qualify for treatment under Proposition 36. 'Huge mess' Narcotics investigators at San Diego County police agencies decried the proposition, but said it would have little impact on them. "It's a huge mess," said Capt. Larry Moratto, commanding officer of narcotics and gang investigators for the San Diego Police Department, "but it's not going to change how we will be doing drug investigations, or how we do arrests. "All Prop. 36 has to do with is what happens afterward." Much still needs to be hammered out, court, county and probation officials agreed. Beginning January 1, $60 million will be available statewide for counties to "ramp up" staff and treatment programs, Medina said, leaving counties six more months to prepare for the full implementation of the groundbreaking law. Staff writer Mark Arner contributed to this report. - --- MAP posted-by: Jo-D