Pubdate: Sun, 27 May 2001 Source: Inland Valley Daily Bulletin (CA) Copyright: 2001 Inland Valley Daily Bulletin Contact: http://www.dailybulletin.com/ Details: http://www.mapinc.org/media/871 Author: Felisa Cardona Bookmark: http://www.mapinc.org/rehab.htm (Treatment) Bookmark: http://www.mapinc.org/prop36.htm (Substance Abuse and Crime Prevention Act) COUNTY READY TO TURN PROP. 36 INTO A REALITY In five weeks, San Bernardino County officials will begin a $12.7 million plan to treat drug offenders in ways no one is sure will work. It's unknown if there will be enough money to do what voters wanted when they passed Proposition 36 or if addicts will receive the supervision needed to make treatment, rather than incarceration, work. And no one knows how much county money will be needed to supplement state funding or how it will be spent. Court officials, public defenders, prosecutors, probation officials and treatment providers spent months drawing up the plan approved last week by the Board of Supervisors. "The group started out a little in their own camps and later worked together more as a unit," said interim County Administrative Officer John Michaelson. "I think there was a synergy in the last half of the process and we tried to design a program we thought would work." The plan calls for spending $8 million from the state, $3.3 million billed to Medi-Cal, medical insurance companies or clients and $1.3 million from the county. When it takes effect July 1, those arrested for minor drug offenses, possession for personal use or being under the influence, will get the opportunity to enroll in one of seven levels of drug treatment, including outpatient and inpatient programs. Using data on offenders who went through the county's criminal justice system last year, the committee estimated the number who will enroll in Proposition 36 programs could be as low as 6,500 or as high as 10,000, Michaelson said. County officials have asked supervisors for $1.3 million to cover costs not mandated by the initiative, like paying for prosecutors and public defenders to handle the Proposition 36 caseload. Only $500,000 in state funds was set aside for drug testing, which can't be paid for with Proposition 36 money. County officials are waiting to see if the Legislature will provide more money for testing, which experts say is critical to treating addicts. County officials have put $2 million from their state allotment into a contingency fund that could be used to cover testing costs if necessary. The county's Probation Department will receive $3 million for 25 more probation officers countywide to monitor and assess drug offenders in treatment, said Gary Paytas, a deputy chief probation officer. "We are going to do the best we can with the money we were given by the state," Paytas said. "We couldn't carry out the mandates of Prop. 36 without this additional personnel. This is just the bare bones, but it's going to give us the money we need to get started." Probation officers will be responsible for assessing treatment levels for addicts and working with drug counselors to decide when addicts need scolding by a judge to give them an incentive to stay clean. Paytas said it's too early to tell if the initiative is going to work. The proposition states that drug offenders must spend a year enrolled in treatment and complete six months of after-care. When treatment is successfully completed, defendants can ask a judge to erase the conviction from their criminal record. Offenders who decide they don't want treatment can serve jail or prison time instead. If an addict who opts for treatment doesn't take the program seriously, or fails a drug test, a judge can revoke probation and send the offender to jail. San Bernardino County Superior Court Judge Patrick Morris, who oversees the county's central drug court, said he's concerned that some offenders may not return to court unless judges are trained to motivate them to enter a program and stick with it. Only 60 percent of the county's Proposition 36 caseload will go through his San Bernardino courtroom. Others will be handled by judges in the county's 10 other courts. Morris isn't sure all judges have enough training to deal with addicts who would rather go back to a drug dealer than face a judge. San Bernardino County Superior Court Presiding Judge Roberta McPeters said there isn't enough staff to carry out the kind of drug court model Morris wants, and that money being sent by the state won't be enough to cover it. The county already is being asked to pay for additional prosecutors to carry Proposition 36 cases, said Assistant District Attorney Jim Hackleman. Because drug offenders can plead not guilty, then opt for treatment after they lose at trial, he said, four prosecutors will be hired to handle additional courtroom work associated with Proposition 36 if supervisors approve a $500,000 request by the district attorney. "We are all going to need the resources to do this properly; ultimately, what we are looking for is public safety. We have to monitor these drug offenders who often engage in criminal conduct to support their habit," Hackleman said. Deputy Chief Public Defender Gerald Farber said his office will add four more lawyers, two investigators and two clerks to handle the Proposition 36 caseload if a $721,437 request is approved by supervisors. Proposition 36 presents an ethical challenge for defense lawyers: Does one tell a client he or she can plead not guilty and still qualify for treatment, knowing that a guilty plea and immediate entry into a program might save the client's life? "I think it's an extraordinary commitment to make this project work. Making drug offenses less of a crime and more of a public health issue is a tremendous revolution." - --- MAP posted-by: Doc-Hawk