Pubdate: Mon, 28 Jan 2002 Source: Press-Enterprise (CA) Copyright: 2002 The Press-Enterprise Company Contact: http://www.pe.com/ Details: http://www.mapinc.org/media/830 Author: David Seaton LAW HELPING DRUG USERS PROP. 36: Therapists are pleased, but some officials see hardened criminals avoiding prison. Rodney Martinez, 37, says he has spent much of his adult life messing up, and much of it high on methamphetamine. His rap sheet goes like this, Martinez says. Possession. Under the influence. Possession with intent to sell. Strong-arm robbery. Conspiracy to sell. Possession. "From the day I was 18, I was in andout of jails," Martinez said. Peter Phun/The Press-Enterprise Nicole Chrismon, 33, left, and Elizabeth Millward, 24, are clients at a recovery house who are getting treatment through Prop. 36. Arrested last year with two-tenths of a gram of meth hidden in a shirt pocket, the Moreno Valley resident faced seven years in state prison because of his checkered past. But something happened on the way to the big house: a Riverside County judge qualified him for Prop. 36, the state law that, beginning July 1 last year, sends nonviolent drug offenders to treatment instead of jail or prison. Martinez, with his long criminal record and $300-per-day habit, is not the casual drug-user some thought Prop. 36 was meant for. But the small quantity of contraband found on Martinez was not enough to charge him with intent to sell, and Martinez is now free on probation after graduating from treatment. "The authors of Prop. 36 either misjudged or misrepresented who we should expect coming into the program," said Marie Whittington, chief probation officer for Riverside County. "They were representing that these were young, low-level offenders, nonviolent, new to the system." But treatment advocates say the law is working as intended -- pushing society's addicts into recovery instead of locking them up, time and again, at great expense to taxpayers. "If they got treatment a long time ago, they might not have these records," said Michael Brady, the public policy consultant for Senate President Pro Tem John Burton. Supporters estimate it will save as much as $1.5 billion in jail and prison expenses over the next five years. UCLA researchers paid to evaluate the program will focus on re-imprisonment, relapse and employment rates of offenders, cost savings to taxpayers and the problems of implementing such a sweeping change in the criminal justice system. State lawmakers will decide whether to extend the program after 2005. "It's hard to know anything until things settle down," said Doug Longshore, the principal investigator for UCLA. "We're shooting for solid answers to all the big questions at the end of year four." Chronic Problems Like Martinez, many people being referred to in-house treatment under the new California law are chronic addicts with criminal pasts. Nearly three-fourths of Prop. 36 offenders in Riverside County were convicted of felonies, not misdemeanors, according to the latest statistics. More than half sought help for substance abuse or mental-health problems in the past. And half are age 35 to 54 -- not the age of experimental dabblers. Prop. 36 coordinators in San Bernardino County said they see similar trends but have yet to compile statistics. The phenomenon is being reported in other California counties, raising concern that the pioneering drug law could jam treatment centers and cost more than expected in the long run. In-house treatment in Riverside County is more than four times as expensive as simple drug-education classes, which are offered to the least-severe users. "What we discovered, and what's been happening throughout the state, is many of the people need higher levels of care," said Al Bell, the Prop. 36 coordinator for Riverside County's Department of Mental Health. More than 95 percent of the county's 782 Prop. 36 offenders from July 1 to Nov. 15, 2001, were referred to outpatient or residential therapy, rather than simple drug education, Bell said. Riverside and San Bernardino counties reported that about three in 10 people referred to treatment fail to show up. But that's good news. Los Angeles County, for instance, is reporting higher no-show rates, state officials said. "Historically, this population has about a 75 percent failure to appear rate," Bell said. Riverside County last month took $741,000 sooner than expected from its $4.5 million annual treatment fund provided by the state to pay for more residential slots. "We had to go back and increase our spending limits," Bell said. But for "right now, we're able to provide the service that we need within the budget that we have." Authorities Frustrated For some law-enforcement authorities, the first six months of Prop. 36 has deepened their fears that hardened criminals are getting breaks they don't deserve. "The law is really frustrating," said Tim Freer, a deputy district attorney for Riverside County in the major narcotics unit. "If people really knew that it was affecting people with such big prison records, I don't think a lot of people would be in favor of it." Freer said Prop. 36 is largely unnecessary because existing diversion programs that send first-time drug offenders to education courses have worked well. The new cases, Freer added, are also clogging up court calendars as deputy district attorneys wait for mental-health specialists to screen Prop. 36 offenders. "These things slow everything down to a halt," Freer said. For Nicole Chrismon, Prop. 36 was a ticket out of prison. Chrismon said she spent 2 1/2 years at the California Institution for Women in Chino for manufacturing meth, and was sent back after she tested dirty for meth use and her parole officer found a drug pipe in her house. She qualified for treatment under Prop. 36 and is doing a 90-day stint at the Gibson House for women in San Bernardino -- a place she had been before but bolted two weeks before her 60-day graduation. "I feel like I'm in the right place," said Chrismon, 33. "I'm not walking out this time." On Friday, Chrismon sat in the visitor's room with fellow drug offender Elizabeth Millward, a 24-year-old who said she had been arrested at least nine times on drug-related charges. Millward also qualified for treatment under Prop. 36. Millward said she faced four years in prison after the police, who had come to arrest her for violating an earlier drug-diversion agreement, chased her down with a helicopter spotlight as she ran through neighbors' yards breaking fences. She was charged with possession, under the influence and having drug paraphernalia. Millward said her drug use worsened after her mother died three years ago. Her father died in February. "I'm learning to deal with issues that trigger me to use," Millward said, a photograph of her 6-year-old son dangling from her neck. "I think Prop. 36 is a lifesaver." Worries Not Confirmed Early on, Jack Ketsdever, president of the California Association of Addiction Recovery Resources, said he was skeptical about the law. He worried that people forced into treatment would rebel and spoil the atmosphere for those earnestly seeking sobriety. "But it hasn't been the case," said Ketsdever, who is also the executive director of Riverside Recovery Resources. The agency runs several treatment programs in Riverside County, including the one Rodney Martinez attended. "I've seen some dramatic turnarounds. I mean hard-core offenders. People who have been doing this for years. Tough guys." Ketsdever said Martinez is a case in point. When Martinez arrived for treatment in Hemet, Ketsdever harbored little hope for the long-time gang member. "I wouldn't have given him a snowball's chance in hell," Ketsdever said. Today, "Rodney is an absolute walking, talking miracle." For Martinez, Prop. 36 seems to have provided a turning point. In prison during most of the 1990s for drug-related crimes, Martinez said he was never offered treatment until Prop. 36 was launched in July. A mental-health counselor recommended that Martinez take drug-education classes, he said, but he continued to use. A few days later, Martinez said, he came clean and was sent to the First Step House in Hemet for 90 days. He graduated three months ago. Martinez landed a full-time job with an RV company in Perris three days later. He attends support groups regularly and returns to the First Step House to counsel newcomers. He celebrated six months of sobriety Friday -- his longest drug-free period since he was 15, he said. He also is trying to repair his relationship with his girlfriend, the mother of his 6-year-old son. "My son told me yesterday, 'Dad, I like you. You're not the way you used to be,' " he said. - --- MAP posted-by: Josh