PROP 36 - A VERY BAD IDEA.

Under proposition 36 drug abusers could no longer be prosecuted for the
drug laws they break. Instead the courts would be required to put them into
"treatment programs" with no punishment for their drug crimes. Later when
they commit new drug offenses the courts would have to conduct intricate
hearings and further placement before ordering jail. The problems?

Most basically it undercuts people being responsible for their actions.
Many, including me, feel that the revival of individual responsibility is
what has lowered the crime rate in the last decade. Treatment programs,
while beneficial, are not by themselves punitive consequences.

Prop. 36 also effectively destroys the "drug courts." The "drug court"
concept is a rare success in the drug epidemic. Drug courts use a
push-pull, carrot and stick approach in dealing with addiction. The
"carrot" is treatment, support, and relief from prosecution. The "stick" is
doses of jail time. The addicts in drug court know there will be
punishment. It just won't be as severe as with a full-blown prosecution.
Prop. 36, however, has no "stick" and no credibility.

More problems. Even when the drug abuser is high on drugs and has a loaded
gun he or she still qualifies to escape criminal prosecution. Also if the
addict completes the "treatment program" he or she can hide the drug arrest
from all private employers. (Even for, say, airline pilots or heavy
equipment operators).

Prop. 36 tries to mask itself in the understandable public frustration with
the drug problem. There is also a real issue between resources for drug
interdiction versus treatment. Prop. 36 in reality has nothing to do with
any of this. Some might be tempted to vote to "send a message" about this
frustration. Don't do it. The only real message should be to send this idea
to the garbage can.

Joe O'Flaherty, Judge of the Superior Court, Placer County, Auburn