OFFICIALS: COUNTY PREPARED TO IMPLEMENT PROPOSITION 36

When actor Robert Downey Jr. returns to an Indio courtroom next month, the
case stemming from his arrest in Palm Springs on drug charges finally could
be settled.

As part of the disposition, Downey might have to spend up to a year in a
live-in treatment program for his drug possession offense -- an offense
related to an addiction that has led to several arrests, disrupted a
promising career and once landed him in prison.

If convicted and sentenced, the 36-year-old actor will be among the first
Riverside County drug offenders to take part in California's new experiment
dealing with those offenders.

Proposition 36, which goes into effect Sunday, sends first- and second-time
nonviolent drug offenders to treatment rather than jail or prison.

The state's new approach to dealing with drug offenders is expected to get
off to a shaky start, although supporters and skeptics say they will put
aside their differences and try to make the program work.

In Riverside County, administrators, treatment providers and law
enforcement officials said they're prepared to carry out the new law.

"Given what we know about our county and historical data to draw from,
we're pretty much ready," said Frank Lewis, Riverside County Mental Health
substance abuse manager.

To get the program going, counties had to develop implementation plans that
must be approved by the state Department of Alcohol and Drug Programs.

Riverside County's plan is among those that have been approved, department
spokesperson Maria Caudill said.

The plans of the 11 largest counties -- including Riverside-- also were
evaluated by the Lindesmith Center Drug Policy Foundation, a group that
backed Proposition 36 and advocates a drug treatment alternative nationwide.

Room for improvement: The county's plan earned a "C" -- or average--
ranking overall that incorporated both high marks for treatment options and
a failing grade for lack of community involvement in developing the plan.

The report card criticized the county for "a criminal justice approach that
continues to dominate the county's response to the problem of addiction."

Counties receiving the highest grades emphasized what Proposition 36
advocates contend is key to the voter-approved initiative's success.

"We looked for an overall shift from a criminal justice approach to a
public health approach," said Shayna Samuels, Lindesmith Foundation
spokesperson.

In giving Riverside County a "D" in the so-called "docs or cops" category,
evaluators complained that probation officers -- instead of health
professionals -- will perform case management of offenders.

Malcolm Curry, Riverside County chief deputy probation officer, countered
that the initiative specifically designated a role for probation officers
and that its backers are trying to avoid that supervision.

And based on the low amount of money allocated to probation in the county's
plan, officials worry that supervision may be inadequate.

"Depending on how it all plays out and how cases come in, we'll do more
monitoring than supervising," said Jon Carlson, assistant director for
adult probation. Carlson said nine deputized probation personnel and two
clerical staff have been funded to handle Proposition 36 cases countywide.

Overlooked: Lewis faulted those who did the Lindesmith evaluation for not
paying attention to a part of Riverside County's plan that calls for mental
health counselors to be in the courtroom when offenders are sentenced.

The counselors will assess the offenders to ensure they receive the
appropriate treatment option, Lewis said.

"It clearly states in the plan that mental health counselors will do the
assessment, but it seems (Lindesmith) missed that," he said.

Riverside County received a relatively high mark -- a "B" -- for earmarking
82 percent of its initial 2001-02 Proposition 36 allocation of $5.9 million
for treatment.

One of the Proposition 36 advocates' concerns is how money given to the
counties to implement the law is being divided up. They want to see 83
percent of the money go for treatment.

Lewis also disputed the "F" the county received for lack of community
input, saying there was a public Proposition 36 implementation forum in
April as well as a community work group involved in planning for the new law.

Although the initiative forced counties to scramble to make sure adequate
treatment facilities are available to accommodate offenders, Lewis believes
the county is prepared to meet the demand.

During the Proposition 36 campaign, state analysts estimated the new
program would aid about 36,000 offenders annually.

Officials project nearly 3,500 Riverside County drug offenders will be
eligible for treatment based on recent annual arrest rates, Lewis said. Of
those, close to 700 will need residential treatment services.

"Everything is based on projections and guesses, but we think that with
what's available in the communities, we have sufficient capacity," Lewis said.

Operators of some existing residential facilities said they expect the new
law to impact them down the line.

"It's going to overcrowd all of our system," said Rick Mesa, executive
director of the Ranch Recovery Centers in Desert Hot Springs.

The impact may not be felt for the first six to nine months because in most
cases offenders will be ordered first to outpatient programs, under the
county's plan.

But if they fail in those programs and then have to go to a residential
program, facilities will feel the effect, Mesa said.

Laying blame: Proposition 36 advocates contend that if the program fails,
it will be because opponents, including law enforcement, are playing a key
role in implementing it.

Lawrence Brown, executive director of the California District Attorney's
Association, rejected the suggestion that district attorneys will try to
undermine the initiative. But he emphasized the initiative deals with law
violators and that they must be processed through the criminal justice system.

"It's in everyone's interest to make the new law work," Brown said. "I
think (advocates) absolutely will have their day to make their case."

(SIDEBAR)

Proposition 36

What is Proposition 36? The measure, approved by 61 percent of the voters
in November, requires nonviolent offenders convicted of illegal drug
possession to be sent to treatment programs instead of jail. An estimated
36,000 drug offenders will be affected statewide annually.

Legal Specifications

Riverside County's drug courts aren't expected to be affected by the
state's new voter-approved drug law, a judge said. But the county's drug
courts in Riverside and Indio deal with a different type of offender and
demand they participate in a very intensive, highly structured program,
said Riverside Superior Court Judge Richard Fields.

Proposition 36 applies only to nonviolent, low-level drug possession
offenders. Drug court participants, though nonviolent offenders, might also
be charged with other drug-related crimes such as petty theft or a small
amount of drug sales to support their habit, Fields said. Others have had
long-term, serious addictions and drug-related encounters with the law.

The drug court program also is much more intensive than the treatment
mandated by Proposition 36, Fields said. Participants undergo a judicial
officer-supervised, 12-month program that includes comprehensive drug
treatment, counseling, close supervision for program compliance and
frequent and random drug-testing. Graduated sanctions, including jail time,
are imposed for noncompliance.