Pubdate: Sun, 03 Jun 2001
Source: Daily News of Los Angeles (CA)
Copyright: 2001 Daily News of Los Angeles
Contact: http://www.DailyNews.com/contact/letters.asp
Website: http://www.DailyNews.com/
Details: http://www.mapinc.org/media/246
Author:  Greg Botonis, Staff Writer

WAR ON DRUGS TAKES NEW TURN

PALMDALE -- A California law that stresses treatment over jail for people 
caught with drugs is being seen as a major turning point in the war on 
drugs -- but whether for better or worse is still being debated.

Passed 61 to 39 percent last November as Proposition 36, the new law goes 
into effect July 1 and offers defendants a chance to attend a treatment 
center in place of jail, prison or community service work.

"Prop 36 gives (offenders) a lot of room for error," said Deputy District 
Attorney John Portillo, head of the District Attorney office in Lancaster. 
"A defendant can remain free for a long time before he has used up his last 
shot."

Proposition 36 applies to people accused of being under the influence of, 
possessing or transporting illegal drugs for personal use in nonviolent cases.

Currently, first-time defendants can plead guilty to drug possession 
charges and request a "deferred entry of judgment," which lets them attend 
a rehabilitation program and avoid incarceration.

The system offers a quick way to get the defendants in and out of the court 
and begin the rehabilitation process immediately, officials said. But it is 
only open to first-time offenders without criminal records.

"If the defendant fails the deferred entry of judgment program we get a 
report about the failure," said Portillo. "It takes up very little of our 
time. That's not going to be the case with the Prop. 36 cases."

Unlike the deferred entry of judgment arrangement, Proposition 36 is open 
to offenders with criminal records, as long as they do not include serious 
felonies. Suspected drug users can go through the process a second time if 
they are arrested again.

Under the new law, drug defendants need not plead guilty to opt for 
treatment. They may go through trial and get convicted before requesting 
treatment.

Once in treatment, defendants must appear in court once a month to report 
on their progress. The judge has authority to order a defendant into a more 
restrictive treatment program if they test positive for drug use.

Rehab programs vary, depending on severity of addiction, and can last 
between three and nine months, followed by supervision by probation 
officers for 36 months.

Prop. 36 will cost Los Angeles County an estimated $15.5 million the first 
year, with $30 million in additional funds each year until 2006, officials say.

The Los Angeles County Health Services Alcohol and Drug Program 
Administration estimates the cost is nearly $150 million less annually to 
send drug offenders to rehabilitation programs instead of to jails.

County drug officials expect more than 15,000 offenders per year to come 
through the program in Service Planning Area 1, which includes the Antelope 
Valley and Santa Clarita.

Treatment facilities throughout Los Angeles County will be handling the new 
cases. Officials don't know how many new ones will be available to take the 
influx.

"We currently contract with about 300 programs throughout L.A. County but 
we expect to have more by August when we have new contract openings for 
other programs to climb on board," said Lydia Becerra, spokesperson for the 
ADPA.

Four treatment programs have signed on to service the Antelope Valley: 
American Health Services Antelope Valley Rehab Center, Medical Store 
Women's Recovery Community, Western Pacific Medical Corporation and the 
Tarzana Treatment Center.

Tarzana will provide an initial assessment for most of the Antelope Valley 
offenders and then assign them to a specific treatment program.
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MAP posted-by: Keith Brilhart