Pubdate: Fri, 15 Dec 2000
Source: Sacramento Bee (CA)
Copyright: 2000 The Sacramento Bee
Contact:  P.O.Box 15779, Sacramento CA 95852
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Author: John Hill
Bookmark: http://www.mapinc.org/prop36.htm

DRUG-TREATMENT MANDATE PUZZLES STATE, COUNTIES

There's little doubt about the desire of California voters to get 
drug addicts into treatment instead of prison but much doubt among 
government agencies about how to do it.

The state Legislative Analyst's Office released a report Thursday 
laying out some of the challenges posed by Proposition 36, approved 
by 61 percent of voters Nov. 7.

The law requires an unusual collaboration between state and county 
agencies with a less-than-stellar record of cooperation, the report 
says.

And by the time the law goes into effect July 1, counties need to 
assess their capacity for treating the drug offenders. The state 
Department of Alcohol and Drug Programs has to come up with a formula 
for distributing money to the counties.

And someone needs to figure out how offenders will be monitored and 
who will pay to have them drug tested.

At this point, it's even uncertain which state and county agencies 
will take the lead and make sure all this gets done, the report says.

"There is going to have to be a lot of collaboration among the key 
players," said Craig Cornett, one of the authors of the LAO report.

The organization that sponsored Proposition 36, the Campaign for New 
Drug Policies, released its own list of recommendations Thursday, 
some of which mirror the LAO report. That group and several others 
are sponsoring a one-day conference in Sacramento on Monday to talk 
about how to carry out Proposition 36.

In the counties, meanwhile, officials are eager for decisions, such 
as the funding formula.

"The sooner we can get that information, the better," said Toni 
Moore, the Sacramento County alcohol and drug administrator. "Right 
now, we're planning in the dark around the fiscal piece."

The measure changes sentencing law starting July 1 to require 
offenders convicted of nonviolent drug possession to be sentenced to 
probation with drug treatment. Those who violate parole also are 
required in many cases to get treatment instead of prison.

The state will pay counties $120 million a year for treatment 
programs, in addition to $60 million between now and July 1.

Among the agencies that will be in charge of carrying out the 
initiative are the state Department of Alcohol and Drug Programs, the 
Board of Prison Terms, the Department of Corrections, county alcohol 
and drug agencies, trial courts, county probation departments and 
others.

"Collaboration may be the single most important factor to successful 
implementation of Proposition 36," the legislative analyst's report 
says. "It could also pose a significant challenge, given that a 
number of these players do not have a strong history of successfully 
working together."

Prosecutors will need to trust the new system to adequately supervise 
offenders, and drug treatment providers must be willing to cooperate 
with the criminal justice system, said Dave Fratello, the Proposition 
36 campaign manager.

"There needs to be a level of trust on both ends," he said.

Some say they are worried that prosecutors may change their charging 
practices in response to Proposition 36, refraining from plea offers 
that would allow an offender to get treatment instead of prison. 
Police, on the other hand, may be more reluctant to make an arrest if 
the offender is unlikely to be put behind bars.

These uncertainties make it hard to predict caseloads, Sacramento 
County's Moore said.

Also, some counties have said the $120 million won't cover their 
costs. But the authors of the legislative analyst's report say it's 
too soon to say.

In Sacramento County, a committee of law enforcement and drug 
treatment officials started meeting even before the measure was 
passed and are well on their way to carrying out its mandates.

There are still many questions, Moore said, but also excitement.

"It's an incredible opportunity," she said.
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MAP posted-by: Josh Sutcliffe