REAL LIFE TESTS FOR PROP. 36

Treatment: Early Look At Four Drug Offenders Finds Two Making Progress.
Judge Gives One Of The Others A Second Chance.

Three weeks after being among the first drug offenders in the state
sentenced to treatment rather than time behind bars under Proposition 36,
four defendants were scheduled to return before Los Angeles County Superior
Court Judge Stephen Marcus this week to report their progress.

The results were mixed.

Two had enrolled in rehabilitation programs and seemed to be on the road to
recovery. A third, who never reported for treatment, showed up in court six
hours late and was temporarily taken into custody before being ordered by
Marcus to return the next morning. The jury remains out on the fourth, who
is in a rehabilitation program but did not come to the downtown Criminal
Courts Building as scheduled. Though the ballot measure was touted as a way
to get drug offenders out of jail and into rehab centers, early evidence
shows that some offenders are walking a precarious line between accepting
the free help they need or landing right back behind bars.

"The reality is many addicts are not ready for treatment," said Marcus in
an interview. "The drug addiction is so strong and overwhelming in their
life that it controls everything they do. They are simply going to go back
to using drugs."

If that proves to be the case, many defendants could swiftly end up in
prison rather than in recovery. As a result, treatment centers might not be
as overwhelmed as had been anticipated. And California voters--who passed
the initiative by a 61-39% margin in November--could begin questioning the
state's innovative attempt to alter the way drug defendants are sentenced.

Proposition 36 targets defendants convicted of nonviolent drug crimes,
including possession, use or transportation of drugs for personal use.
Those who successfully finish their rehabilitation programs can ask the
court to dismiss their drug charges.

Defendants in rehab programs who test positive for drugs or get caught with
them generally have two chances to get back on track, but then can be
sentenced to state prison. For defendants who don't report to treatment
programs, judges are issuing arrest warrants and considering sending them
to prison immediately.

Marcus put out a warrant for missing defendant Christina Nixon at 10 a.m.
Wednesday, an hour after she was due in court, but recalled it when she
appeared at 3 p.m. That was a relief to Nixon, 43, who said she intended to
go to treatment but just never made it. She said she also meant to come to
court in the morning, but said it took her six hours to get up the courage
and energy to face Marcus.

"I was scared 'cause I knew I messed up," she said. "I didn't want that
warrant. I don't want to go to jail."

Motivation Is Key to Effectiveness

The effectiveness of Proposition 36 largely depends on the motivation of
people like Nixon, who has had several cocaine arrests in the last decade.

Unlike drug courts, judges have to place offenders in treatment under
Proposition 36 regardless of the likelihood of success. As a result, judges
don't have high hopes: They estimate that 40% to 50% of defendants will
never report to drug treatment facilities. They expect others to relapse,
get rearrested or quit rehab programs.

Los Angeles County Superior Court Commissioner Ronald Rose said it's a
given that people are going to fail. "The real question is how many people
will succeed," he said.

Proposition 36 co-author Dave Fratello said he intended the initiative to
make treatment an option for more drug offenders than were being chosen for
drug courts. "Potentially savable cases were being tossed overboard," he
said. "Who knows whether someone is going to be successful or not? They may
come into the courtroom looking like they have no motivation but they may
find it in the course of a program."

Nicholas Hernandez, 36, was first to be called Wednesday morning. As he
watched the judge read a letter from his residential treatment program,
Hernandez shifted his weight and rubbed his hands against his jeans. Marcus
told him the report was positive.

Hernandez smiled and nodded, his dreadlocks bouncing. The Belize immigrant
had been addicted to cocaine for 10 years and had been trying to give up
drugs since a 1999 possession arrest. He relapsed four times.

"They kept giving me outpatient," he said. "I needed inpatient. If I'm
somewhere where I can get my head together, I might have a chance to be
sober and clean."

Marcus also praised Avenger quarterback Todd Marinovich for following his
drug treatment plan at Impact, an outpatient program that includes
counseling and random drug testing. Marinovich, who was convicted of heroin
possession and has had previous drug problems, including a 1997 conviction
for cultivating marijuana, said he was doing "excellent" in the program.

After asking the 32-year-old former Los Angeles Raider about his football
season, Marcus wished him luck and said, "Just keep doing what you're doing
and hopefully this will be over in about a year."

Misti Kerns, convicted of cocaine possession, did not come to court as
scheduled Wednesday for her progress report. The court later in the day
received a call from the inpatient treatment center where she is enrolled,
saying residents can only be driven to court on Monday and Friday. So
Marcus issued a $10,000 arrest warrant, but held it until this morning to
give her a second chance to report to court.

When Nixon's name was called, nobody answered. She had never reported to
probation or to a treatment program and was nowhere to be found. So Marcus
revoked her probation and issued a warrant. But late that afternoon, she
came into the courtroom with excuses and apologies ready. She had no place
to live, no money to pay for bus fare and no family to turn to for help,
she said.

Marcus had his bailiff take her into custody, but then changed his mind and
gave her another chance. He told her to come to court at 8:30 the next
morning. Nixon, wearing gym shorts and a nose ring, ran into the courtroom
Thursday morning out of breath and 25 minutes late.

Nixon said she had been in and out of prison for drugs and prostitution for
five years when she got caught with cocaine recently. She knew Proposition
36 was a good opportunity for free rehab, but she said she just wasn't
ready three weeks ago.

"I had every intention of going," she said. "But I thought my friends would
be with me and I thought it was going to be easy. I'm very, very pleased to
have a second chance. I'm ready to get over the hump."

Marcus told her she escaped going to jail by an eyelash and ordered her to
report for treatment immediately. "I am going to give you another
opportunity," he said. "All I can tell you is I'm going to be watching you."