LAW TAKES HARDER LINE WITH DRUG OFFENDERS

Proposition 36 promised treatment, rather than jail, for nonviolent
drug offenders.

But a new law says judges may send people who promise to get clean and
sober, yet fail to comply with a treatment program, to jail for two,
five or 10 days.

Sponsors of the law, signed Wednesday by Gov. Schwarzenegger, argue
that "flash" or "shock" incarcerations will send a message to people
who think the initiative offers a get-out-of-jail-free card.

Sponsors of Proposition 36, approved by 61 percent of California
voters in November 2000, persuaded a court Thursday to block the new
rules while litigation is pending.

Local officials are similarly split about the law.

Stanislaus County District Attorney Birgit Fladager said she thinks
Proposition 36 is a failure. She said the new law sends the right
message and hopes it withstands a legal challenge.

"We're going to come get you, and we're going to put you in jail, and
we're going to get your attention until you get with the program," she
said.

Public defender Tim Bazar said the new rules are a compromise between
the law enforcement community, which wants stiff consequences, and the
treatment community, which wants to ensure continued state funding.

"Addiction is a disease, and you're just going to have to expect some
relapses and some irresponsible behavior," he said.

People arrested for being under the influence or in possession of
illegal substances must plead guilty to join Proposition 36 programs.

They are placed on probation, and their convictions are dismissed if
they complete a treatment program. They can be kicked out of the
program if they violate the terms of their probation three times.

But judges have little leverage over offenders who don't show up for
treatment or court hearings, because most law enforcement agencies are
too busy to search for low-level drug offenders.

And the majority of the 36,000 people sentenced under Proposition 36
rules each year are no-shows.

According to a study by the University of California at Los Angeles,
hired by the state to evaluate the program, 30 percent of offenders
show up for treatment.

About 34 percent of those who show up complete a treatment
program.

In Stanislaus County, about 13 percent of offenders completed a
treatment program. According to the Probation Department, 360 of 2,874
people sentenced under Proposition 36 graduated from the program.

Those who were kicked out because they failed drug tests or didn't
show up for counseling sessions or 12-step recovery programs accounted
for 24 percent.

The rest are missing, prompting judges to issue 2,932 bench warrants
when they failed to show up for court hearings.

Superior Court Judge Susan D. Siefkin took a stern approach with a
young man who appeared in her courtroom last week.

He had been picked up on a bench warrant for his second violation, and
he faces three years in prison if he gets kicked out of the
Proposition 36 program.

"I'm wondering if you really want Prop 36," she said. "One more
violation and you're out of the program and going to jail.

"Am I going to get your cooperation and compliance this time? Three
years in prison is a long time.

"Show us."

The judge then set him free.

Deputy Probation Officer Denise Locke, who supervises the Proposition
36 program in Stanislaus County, said most offenders promise to join
yearlong counseling programs because they want to get out of jail.

They might not see the value of substance abuse counseling, even
though the government picks up the tab and in extreme cases will
authorize inpatient care, something insurance companies rarely cover.

"I don't think they have any idea about what a good deal they are
getting," Locke said.

The state's $131 billion budget includes $150 million for Proposition
36.

The new rules are spelled out in Senate Bill 1137, approved June 27.
The bill includes a clause that says it would be put to a vote of the
people if courts strike it down.

The Drug Policy Alliance, a key sponsor of Proposition 36, filed a
lawsuit in Alameda County Superior Court minutes after Schwarzenegger
signed the bill into law. A judge issued a temporary restraining
order, blocking implementation.

Proposition 36 supporters argue that the initiative cannot be changed
without another vote of the people.

They don't think a stint in jail will help addicts move toward
recovery. They also point to the UCLA study, which found that
Proposition 36 saves $2.50 for every $1 spent.

"The question is, is this what the voters wanted?" said Margaret
Dooley, outreach coordinator for the Drug Policy Alliance. "And can we
afford it?"