CALIFORNIA'S PROPOSITION 36 OFFERS TREATMENT RATHER THAN JAIL TIME FOR DRUG
OFFENDERS

PETER JENNINGS, anchor: In a California court today, the actor Robert
Downey Jr. was given drug treatment instead of jail, even though he has
been arrested numerous times. And because of a new California law, there
will be many less famous people who are treated by the courts in the same
way. Here's ABC's Neil Karlinsky.

NEIL KARLINSKY reporting: (VO) It's just a week since Robert Downey Jr.
received an Emmy nomination for his role in TV's "Ally McBeal." Today, in a
California court, Downey is among the first and certainly most famous to
receive treatment, not jail, under Proposition 36.

Judge RANDALL WHITE (Riverside County Superior Court): Mr. Downey, I want
to tell you, this is not a gift of the court to...

KARLINSKY: (VO) The law, which took effect two weeks ago, requires judges
to put first and second time drug offenders into treatment
facilities. Downey will have to attend Narcotics Anonymous and submit to
random blood and urine tests as part of his treatment.

Mr. DAVE FRATELLO (California Campaign for New Drug Policies): We think
California is going to be charting a new course for the drug war for all of
America.

(Clip of a commercial for 'Yes on 36')

Mr. FRATELLO: We have to deal with drugs as a health issue and not a
criminal justice issue.

KARLINSKY: (VO) This measure is an admission by California voters that
years of incarceration haven't worked. Downey's case is an example of that.

Ms. TAMARA CAPONE (Deputy District Attorney): That we got the conviction is
what our office wanted. It's clear that the people want rehab, so we had
to give him rehab.

KARLINSKY: Because treatment is cheaper, Proposition 36 is expected to save
the state millions--reason enough for other states to keep watch on
California and see if drug offenders really do belong some place other than
behind bars. Neil Karlinsky, ABC News, Los Angeles.