DON'T ABANDON DRUG COURT

Anyone who has battled addiction or watched another person fight the demons
understands how difficult it is to break free of drugs. Willpower alone is
not enough. Professional help, including counseling, is one good tool. For
many addicts, the threat of prison is a prime motivator.

Orange County judges defended the county's Drug Court during the campaign
for Proposition 36, arguing that the threat of jail was one reason the
court was successful after its establishment six years ago. But when
Proposition 36 went into effect July 1, with no threat of jail, judges
expressed concern that lawyers for defendants in drug cases would opt for
treatment under the terms of the proposition rather than Drug Court. The
judges say the absence of the prospect of jail time is the reason the drug
diversion program established in the county under Proposition 36 has
produced such poor results.

To their credit, Orange County criminal justice agencies spent months
planning the best way to cope with Proposition 36. The result was a pilot
program they launched in March, well before Proposition 36 took effect.
This diversion program in Orange County is running a 40% failure rate in
the four months since it began. The failure rate for the Drug Court has
been 22%. The comparatively high failure rate for the diversion program so
early on is troubling.

More than 700 defendants took part in the counseling program after it
began; roughly 300 did not complete treatment. They either stopped showing
up for meetings or began using drugs again or were arrested for new drug
offenses, according to officials involved in the program. That high failure
rate prompted concern by some judges and prosecutors that Proposition 36 is
all carrot and no stick. Under Proposition 36, nonviolent offenders
convicted of possessing drugs for personal use are placed on probation and
in treatment programs paid for by the state. Those who sell or manufacture
drugs do not qualify.

Superior Court Judge Ronald P. Kreber said many of those eligible for
treatment under the new program had been addicted to drugs for years. That
is a likely reason for the high dropout rate. However, the pilot program
was voluntary and required those enrolling to pay for their treatment,
which was expected to be an extra incentive to complete the program. Since
July 1, Proposition 36 programs have been paid for by the state.

One flaw in the new program that took effect July 1 is a restriction on
using any Proposition 36 money on drug testing for offenders in treatment
programs. Those administering treatment programs say that testing is
necessary to determine who is relapsing and who remains clean.

Orange County judges involved in Drug Court say those who finished the
program told them the threat of jail was important. Those deemed eligible
for Drug Court were given suspended sentences and warned they could wind up
behind bars if they failed the frequent tests or if drugs turned up during
searches. Probation Department workers monitored those in the program
closely, another check on illegal activities.

The valid concern of judges is that addicts will opt for Proposition 36
programs rather than Drug Court, meaning in many cases that those charged
with crimes will never show up in court until they are caught again. As it
stands, the Drug Court exists alongside the system put in place by the
initiative. Unfortunately, there is no guarantee that it will continue to
be effective. The state legislative analyst reported recently that in
addition to its other benefits, Drug Court can be economically worthwhile
by keeping nonviolent drug offenders out of state prison. The savings would
be even greater were the costs of addicts in hospitals and county jails
taken into account. That's another reason to ensure that the Drug Court is
not abolished.

Many who have worked with addicts caution against pronouncing Proposition
36 a failure before it has really gotten started. It's true that the
program engendered by the initiative may help some people get free of drugs
without spending time behind bars. But it is clear that drug courts must be
maintained as well because of their superior record.