DRUG-LAW PROPOSITION A WINNER

School Bond Measure Ahead

Sacramento -- Over the objections of law enforcement groups, California
voters approved a radical overhaul of the state's drug policies.

Voters also were narrowly passing another proposition that would make it
easier for local school districts to pass bonds for construction or
renovation projects.

The drug law measure -- Proposition 36 -- which will send first- and
second-time nonviolent drug offenders into treatment instead of prison, was
ahead in early returns.

"This is a 180-degree change in our drug policy. It's revolutionary,'' said
Dave Fratello, a campaign manager for Proposition 36. "California has a
reputation as a tough-on-crime state, and now I think we're showing we can
be smart on crime too."

Three other states had ballot measures on drug decriminalization

- --Massachusetts, Alaska and Nevada.

The measures were leading in Nevada but lost in Alaska and Massachusetts.

Proposition 36 will have a far-reaching impact on California's criminal
justice system.

It changes state law so that most adult offenders who use or possess drugs
receive treatment instead of jail time.

About 19,700 of the state's 162,000 prisoners are locked up for drug
crimes, according to the state Department of Corrections. And drugs are
considered to be the leading cause of the state's high recidivism rate
among prisoners, reaching 67 percent in 1999, according to state documents.

Those convicted of violent crimes or who fail drug treatment programs two
or more times would be excluded from the treatment requirement.

Supporters of California's proposition say it focuses on treating drug
addiction as a health problem instead of a crime.

One of the key contributors to the measure was billionaire George Soros,
who wants to change the nation's drug policies.

Previously, Soros backed Proposition 215, approved by voters four years
ago, which legalized the use of marijuana for medicinal purposes.

He also contributed more than $900,000 to drug decriminalization efforts in
other states this year.

Other supporters of the measure include San Francisco Mayor Willie Brown,
the California Nurses Association and state Senate President Pro Tem John
Burton of San Francisco.

Opponents of Proposition 36, which included judges, parole officers, law
enforcement groups, district attorneys, some health care professionals and
actor Martin Sheen, said its real intent was to push California toward
legalizing drugs.

The ``no'' side has noted that of the $120 million the state would be
required to pay for drug treatment programs, none could be used for drug
tests to determine if users are clean.

``This will be a criminal justice nightmare, and unfortunately, the people
the proposition claims to help will be left with nowhere to turn for real
treatment,'' said Jean Munoz, a spokeswoman for the ``no'' campaign.

``Sadly, voters were misled by a campaign that outspent us 10 to one with
misinformation,'' Munoz said.

Munoz and other opponents argue that judges should be allowed to decide who
are the best risks for probation and drug-treatment plans.

The school bond initiative, Proposition 39, would lower the threshold for
passage of school bonds from two-thirds to 55 percent.

It would also require school districts to give classroom space to
independently run public schools known as charters.

If the measure passes, it would be the first time voters agreed to chip
away at the provisions of Proposition 13, which in 1978 created the
two-thirds approval threshold required for all bond measures.

Voters narrowly rejected a proposal in March that would have set the
approval threshold at 50 percent.

The Yes on 39 campaign outspent opponents by nearly 7 to 1 -- $27 million
to $4 million.

The biggest spenders on the "yes" side were charter school proponents.
Woodside venture capitalist John Doerr and his wife gave $6 million, and
Wal-Mart heir John Walton, an outspoken advocate for school vouchers, gave
$2 million.

The ``no'' side criticized the measure as an increase in property taxes.

School construction bonds are debts paid back by homeowners and other
property owners within the district. That was the central theme of the
anti-39 campaign, which had named its Web site saveourhomes.com.

The initiative's opponents agree that California needs to build more
classrooms, fix up its dilapidated or unsafe buildings, and remove some of
the trailer parks that have sprung up on playgrounds across the state in
the push to shrink class sizes.

But they think these problems can be solved by eliminating fiscal waste and
adding statewide funding, such as tapping the surplus or state bonds, to
spread the construction bill around.

Major opponents included the Howard Jarvis Taxpayers Association.