A BREAK FOR DRUG OFFENDERS

Prop. 36: D.A. Will Not Seek Jail Time For Defendants Convicted Before
Ballot Measure Went Into Effect.

Giving a break to hundreds of drug defendants, the Los Angeles County
district attorney's office will not seek jail time for people who were
convicted but not sentenced before Proposition 36 took effect July 1.

The ballot measure, approved by voters last year, calls for drug treatment
rather than incarceration for certain offenders. But in recent weeks,
prosecutors and defense attorneys have battled in courtrooms over whether
defendants convicted before July 1 could nonetheless be sentenced under
Proposition 36.

Head Deputy Dist. Atty. Lawrence Mason said Tuesday that the office's new
policy will be in effect until appellate courts resolve the legal
controversy over whether the new law applies only to people convicted after
the effective date of Proposition 36. Mason said the new policy will apply
to anyone arrested and convicted between Nov. 7, when the proposition was
approved, and July 1. He said he doesn't know whether the appeals court
will apply the law retroactively.

"There are good indications it will say they are entitled to the relief
that is provided by Proposition 36," Mason said.

But, because of the uncertainty, he predicted Los Angeles lawyers will rush
to get their cases settled before the appeals court renders a decision.

The new law gives first- and second-time drug offenders convicted of
possessing, using or transporting drugs for personal use the chance to
receive probation and treatment rather than jail sentences.

In Los Angeles County, court officials estimate that Proposition 36 will
apply to about 16,000 defendants annually.

Many defense lawyers for people arrested after the proposition was approved
obtained repeated postponements of their trials so that their clients would
not be subject to jail sentences.

Until this week's policy was announced, Dist. Atty. Steve Cooley
interpreted the law to mean that it did not apply to anyone convicted
before July 1. But judges in Los Angeles and across the state had differing
views.

Los Angeles Superior Court Judge Stephen Marcus has let defendants
convicted before July 1 take advantage of drug treatment. But another judge
has not, and the 2nd Court of Appeals is now considering two of those cases.

Marcus praised Cooley's action, calling it "a wise decision."

"I think it will bring some stability to the criminal justice system," he said.

Deputy Public Defender Alex Ricciardulli, who is handling one of the
appeals court cases, said the new policy will benefit the "vast bulk" of
the drug defendants arrested before July 1.