DRUG COURT GRADS GO BEFORE COUNCIL

The Modesto City Council plans to take a stand next week on Proposition 36, the Nov. 7 ballot measure that would mandate treatment instead of jail for drug users.

Tuesday night, Stanislaus County Superior Court Judge Donald Shaver asked graduates of the county's Drug Court rehabilitation program to recount their experiences. The council heard from four graduates who said they have been drug-free and piecing their lives back together since enrolling in Drug Court.

That may seem like support for Prop. 36, but just the opposite is true: Shaver and the Drug Court graduates are against it.

Officials said programs like Drug Court would suffer if Prop. 36 passes. For one thing, they said, the measure would allow people to get treatment only on their first or second offenses. After the second offense, programs like Drug Court -- which focuses on people with multiple offenses -- would not be an option.

Council members said they will include the proposition on their agenda for next week.

Councilmen Armour Smith and Mike Serpa spoke against the initiative, and Serpa wondered whether it could be included on a council agenda.

"I thought it was decided that we won't (look at it) if it's not business that directly affects the city of Modesto," Serpa said.

City Attorney Mike Milich said council members can formally discuss the measure.

Indeed, councils in other cities are taking stands for or against state propositions.

Before the March 7 primary, some cities and counties formally discussed Proposition 22, which proposed a ban on gay marriages. At that time, some members questioned whether local government should consider statewide issues.

State voters approved the initiative.