S.J. PONDERS DRUG TREATMENT LAW

Overwhelmingly approved by California voters, Proposition 36 is sure to
have a massive impact on how San Joaquin County's judicial system deals
with the thousands of drug offenders arrested and prosecuted each year.

But nobody is sure exactly what that impact will be.

Those charged with carrying out the new measure -- including lawyers,
judges and probation officers -- say they have more questions than answers
about how it will work, and its costs and benefits.

The measure, approved Nov. 7 by 61 percent of the state's voters, requires
the estimated 36,000 first- and second-time drug offenders convicted
statewide each year be sent into drug treatment rather than jail.

It also puts $120 million a year into drug-treatment programs but says the
money cannot be used for drug testing -- a critical part, many officials
say, of making sure drug abusers stay clean.

San Joaquin County's Probation Department, already overburdened, is likely
to see a big increase in its caseload, officials said. The department
already supervises about 20,000 people on probation.

Change could sweep many other departments as well, from the jail to the
county's fledgling Drug Court.

The measure doesn't take effect until July 1.

Several officials complained Proposition 36 is so vaguely written that
they'll need several months just to interpret many of its provisions.

"It's such a poorly written thing," said Superior Court Judge Rolleen
McIlwrath, who supervises the Drug Court, which helps hard-core drug users
turn around their lives.

"I don't even know what (the initiative) means," District Attorney John
Phillips said.

Proposition 36 proponents say they are confident state and local officials
will carry out the new measure effectively. Initiative sponsors are
organizing a Dec. 18 conference in Sacramento to help answer their questions.

Over the next few months, many other groups -- prosecutors, Drug Court
officials and probation officers -- are gathering around the state to
wrestle with the initiative.

"I am confident that it's going to be carried out OK," said Dave Fratello,
Proposition 36 campaign coordinator.

In San Joaquin County, perhaps the biggest unknown is how many new
offenders will be eligible for probation.

About 25,000 adults are booked into San Joaquin County Jail each year, and
about 80 percent of their cases are drug-related, said Nick Cademartori,
the county's chief probation officer.

Proposition 36 applies only to adults convicted of their first or second
offense of being under the influence of illegal drugs or possessing drugs
for personal use. The measure would not apply to those convicted of
additional charges, such as using a firearm, and to most offenders who have
one or more violent felonies on their records.

Other unknowns, officials said, include:

* How the state Department of Alcohol and Drug Programs will divide up the
$120 million a year among California's 58 counties. The money could be
split under any number of possible formulas based on population, the number
of drug arrests or other factors. Department officials could not be reached
for comment.

* How much the county's drug-treatment programs need to be expanded. All of
the county's programs have long waiting lists.

* How to fund additional drug testing. Such testing, which costs between $4
and $7 a test, is critical to ensuring drug offenders stay clean.
Proposition 36 states that none of the $120 million can be used for testing.

* If jail time is not an option, what sanctions judges can impose on
offenders who fail a drug test or otherwise drop out of drug treatment.

"There's no real definition of what should constitute a violation to send
people to jail or prison if they test dirty," McIlwrath said.

Proponents said judges can still send drug abusers to jail or prison if
they fail drug tests or fail to report for treatment. And, they said the
testing can be financed by the money state and local agencies save by
reducing their jail populations.

According to the Legislative Analyst's Office, the measure will save the
state up to $150 million a year and local governments about $40 million a year.

McIlwrath said she doesn't believe Proposition 36 will save the county any
money. It will just shift costs around to other departments, including
probation.

But Fratello said he's confident the savings will be substantial.

"It's always going to be cheaper to have people in treatment rather than in
prison," he said.