VOTERS SHOW OVERWHELMING SUPPORT FOR ALTERNATIVE TO JAILING OFFENDERS

Officials Look To Future Of Drug Law Under Measure's Treatment Plan

Astounded by the breadth of support that California voters showed for
treating drug offenders instead of jailing them, backers of Proposition 36
said Wednesday that they now face ``a challenge of enormous proportions to
make this work.''

Nearly 61 percent of voters supported the measure, which represents a
revolution in the way the nation's largest state will deal with alcohol and
drug addiction, problems that have sent its prison and jail populations
skyrocketing and resulted in a near-boomtown mentality toward building prisons.

The measure mandates drug treatment instead of jail for first- and
second-time offenders arrested for simple possession of illegal drugs, and
appropriates $120 million a year for treatment programs. As many as 37,000
people a year could be diverted into treatment. But the measure provides no
money for drug testing or for supervising probationers.

The vote ``is a measure of how strong the desire is for something
different,'' said Dave Fratello, director of the Yes on 36 campaign.
``People around the country and the world are going to look at the kind of
results we generate.''

Proposition 36 was financed by billionaire investor George Soros and two
other wealthy businessmen, and Fratello said similar propositions may be
pursued in a few other states.

But, he said, ``we're really hoping that the message California voters sent
will be powerful enough to generate legislation without any involvement
from our campaign.''

``This is a historic victory,'' said Fratello, who noted even proponents
were astonished at the fact the proposition drew nearly 2 million more
votes in favor than against.

Challenge Unlikely

Those who opposed Proposition 36 seemed accepting of the fact that it is
now the law and is something they must work with. There was no talk of
lawsuits, only of how to best make it work.

``It is unlikely there will be a court challenge,'' said Larry Brown,
executive director of the California District Attorneys Association and a
former prosecutor. ``Prosecutors respect the fact that voters have spoken.
Our responsibility now is to implement the new law.''

The same sentiment was expressed by Santa Clara County Superior Court Judge
Stephen V. Manley, who became a leader of the opposition during the campaign.

``In my view, judges will continue to be in a leadership position and will
do everything possible to make this initiative work,'' said the jurist, who
is one of the leading advocates in the state for drug treatment courts.
``Our goal is to have addicts stop using drugs and to stop re-arrests.''

But, he said, ``There are tools we need that are not covered by the
initiative, and we will ask the governor and the Legislature to provide them.''

Among the tools cited was drug testing, without which, he said, judges
``cannot tell if people are doing well or continuing to use.'' The state
will also need funds for probation supervision and for licensing and
certifying the hundreds of treatment programs expected to handle the deluge
of drug diversions.

The measure's reception was also a clear indication that the electorate is
tired of the seemingly ineffective war on drugs. Those who were interviewed
as they left polling places almost universally felt it was time to try a
new approach. Whether the California vote will be replicated in other
states was not clear Wednesday, but there were signs that voters elsewhere
are becoming disenchanted with criminal-justice solutions to drug crimes.

A measure similar to the one approved here was narrowly defeated in
Massachusetts, and a proposal to legalize the use of marijuana in Alaska
also lost, but several other drug-related ballot issues passed. The
Massachusetts effort was more liberal in that it would also have allowed
some minor drug dealers to avoid jail, and Alaskan voters rejected a
measure to legalize use of marijuana for people 18 and older.

In Nevada and Colorado, however, voters approved initiatives legalizing the
medicinal use of marijuana, bringing the total of states with such laws to
eight. Utah and Oregon both passed measures requiring convictions before
authorities could seize property used in drug crimes and specifying that
proceeds from seizures go to drug treatment or education.

Although the vote was mostly symbolic because it does not overrule state or
federal laws, Mendocino County approved a measure that would allow
cultivation of up to 25 marijuana plants and directed sheriffs to make the
arrest of small-scale growers their lowest priority.

Expanding Treatment

One challenge for Proposition 36 will be to find enough drug treatment
programs for all offenders.

``We have programs in all counties, but our biggest challenge will be to
expand their capacity to help the added number of clients, and nobody knows
for sure how many that will be,'' said Tom Renfry, executive director of
the County Alcohol and Drug Program Administrators Association of California.

``We're already making overtures to district attorneys, sheriffs and
probation people to sit down and make this work,'' he said. ``I trust once
the dust has settled and everyone realizes the people of California want a
new drug policy, we'll be able to say, `How do we work together to make it
happen?' ''