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.