THERE'S A DOWNSIDE TO PROP. 36 PROGRAM

Re "O.C. Test Run in Drug Cases: Sobering News," July 15:

I commend Orange County's commitment to implementing Proposition 36.
However, it's important to note that drug offenders who have
participated in the pilot program are required to pay $360 per month
for the program or be dropped and face jail for violating their parole.

These people have been labeled as criminals by our justice system and
are marginally employed at best. Most cannot afford $360 per month,
especially when required to participate in a drug rehabilitation
program that precludes them from working full time. That's even if
they were gainfully employed, which is difficult with a criminal
record and addiction. Many participants in the Proposition 36 pilot
program have missed meetings because they owed money they didn't have
and could not progress through the program until they paid up. So
their probation officer is notified and they are pulled out of the
program. No wonder 40% dropped out.

The fact that 60% have stayed in the program is testimony that 60% of
the 10% of our population addicted to drugs will not contribute to
overcrowding our jail with citizens guilty of victimless crimes. The
glass is 60% full rather than half empty.

It's also interesting to note that nicotine is more addictive than
heroin, yet we do not incarcerate our citizens who are addicted to
nicotine.

The 22% failure rate of the Drug Court is, in my opinion, due to the
threat of jail (external motivation) rather than personal motivation.

The result: Many who successfully complete the Drug Court program
return to jail again and again as their lives are ruined, families
destroyed, and we as a community pay and pay to support them and
incarcerate them.

Scott W. Duncan