Pubdate: Wed, 21 Apr 1999 Source: Seattle Times (WA) Copyright: 1999 The Seattle Times Company Contact: http://www.seattletimes.com/ Author: V. Dion Haynes, Chicago Tribune STUDY BACKS TREATMENT, NOT PRISON, FOR ADDICTS In a report that likely will increase debate on the merits of imprisoning substance abusers, the Arizona Supreme Court today issued a study concluding that the state's new mandatory-treatment law has broken drug users' habits in the short term and saved the state millions of dollars. With the 1996 passage of Proposition 200, Arizona became the first state to prohibit incarceration of first- and second-time drug users in favor of mandatory treatment. The law, which voters reaffirmed last November after legislators moved to weaken it, also legalized marijuana for medical use, but that provision has never been implemented. $2.5 million saved The state Supreme Court study concluded that in 1998 Arizona saved $2.5 million by sending users into treatment rather than prison and that 77 percent of the offenders remained drug-free at the end of the year. "I was a trial judge for 10 years, and I got tired of the revolving-door syndrome - I'd send drug offenders to prison, and they'd wind up right back in the court system. Prison was no cure for the drug problem," said Judge Rudolph Gerber of the Arizona Court of Appeals, who was on the committee that sponsored the ballot initiative. "I'd like to see this become a national model," he added. Too new to judge? But critics remain skeptical. They contend that after only one year, the program is too new to be deemed a success. "The results are based on the premise that all drug offenders go to prison. That is not the case," said Bill Fitzgerald, spokesman for Maricopa County Attorney Richard Romley. "Prisons aren't full of first-time offenders," Fitzgerald said, adding that the state already has several treatment programs. "Anyone making the assumption that everyone automatically goes to prison is way off." Charles Blanchard, chief counsel of the Office of National Drug Control Policy, said he is encouraged by the results of the study. He said the federal government is moving in the same direction as Arizona, proposing $100 million in funds in next year's budget to finance drug-treatment programs across the country. The government, he added, already has encouraged states to establish drug courts with the authority to drop drug charges for offenders who go through treatment and remain clean. More than 400 drug courts are operating around the country, up from 12 in 1994. Arizona's Drug Medicalization, Prevention and Control Act of 1996 mandated that funds from a liquor tax be used to finance treatment programs for nonviolent first- and second-time offenders. Third-time offenders would be subject to imprisonment. Proposition 200 grew out of a study to find alternatives to incarcerating drug offenders. - --- MAP posted-by: Patrick Henry