COUNTY BRACES FOR IMPACT OF DRUG LAW

Crime: Effects Of Prop. 36's Diversion Of Offenders From Jail To
Treatment Are Called Monumental. Officials Say They Need More Time
And Money.

As Los Angeles County officials prepare for the July 1 implementation
of a new law that dramatically changes the way drug offenders are
treated by the courts, two matters have become abundantly clear: They
need more time and they need more money.

"It's a monumental undertaking," said Los Angeles County Public
Defender Michael P. Judge, who serves on local and statewide planning
groups gearing up for the changes required under Proposition 36,
which was passed by voters in November. "Even after the deadline,
it's going to be a work in progress. It could take years before all
the issues are eventually settled."

Proposition 36, which 61% of voters favored, would shift many drug
offenders--including those convicted of possessing, using or
transporting drugs for personal use--from prisons to probation and
treatment programs.

The reorientation could be profound because one in three of the
state's 162,000 prisoners is serving time for a drug-related crime.

For the last five months, county officials throughout the state have
scrambled to figure out how to identify, monitor and treat the tens
of thousands of drug offenders who will qualify for services under
the new law.

Nearly every part of the criminal justice system will be affected by
the proposition's demands. Eventually, 30 existing Los Angeles County
judges will be trained and designated to handle Proposition 36 drug
offender cases. Probation officers, who monitor about 65,000
probationers in the county, are preparing to absorb up to 14,000
additional cases.

In the county, officials estimate that the courts will divert up to
20,000 additional drug offenders each year into treatment programs.

One of the biggest problems bedeviling county officials is finding
enough qualified drug treatment providers to meet the expected need.
County officials say they are trying to certify new providers, while
asking the existing 300 providers to expand their reach.

Another challenge, they say, is making do with the limited funding
that is supposed to cover the costs of implementing Proposition 36.

Under a statewide allocation formula, Los Angeles is receiving $15.7
million of the $60 million in start-up funds to create the
infrastructure needed to administer the new law's provisions. In
July, the county is expected to get about $31 million of the state's
$120 million in annual operating funds for the measure.

To county officials, that's not enough.

Judge, the county public defender, said the county will receive about
26% of the money, but accounts for nearly 40% of the drug offenders
who are in state prison. A contingent of county officials is
negotiating with state representatives to get a larger share of the
money.

"It's clear to us that Los Angeles did not get a proportionate share
of the funds," Judge said.

Another potential financial problem is the new law's restriction
against using any Proposition 36 money on drug testing for offenders
enrolled in treatment programs. By most accounts, drug testing plays
a vital role in treatment programs because it identifies addicts who
relapse while providing positive reinforcement for those who remain
sober.

"We believe testing is critical to a successful treatment program,"
said Los Angeles County Superior Court Judge Michael A. Tynan, who
serves on a local task force grappling with the ramifications of the
new law.

Tynan said judges, probation officials and treatment counselors feel
so strongly about the need for drug testing that they are drafting
state legislation that would augment the Proposition 36 funds with
money for such testing.

Drug testing is a key component of the county's current "Drug Court"
treatment program, which Tynan said will serve as the model for Los
Angeles' compliance with the new law. Under the Drug Court program,
defendants are closely monitored by Superior Court judges and
commissioners to ensure that they stick with their treatment. More
than 70% of the defendants who successfully graduate from the Drug
Court program remain sober years after their treatment, officials
said.

During one recent Drug Court graduation, the defendants who completed
the treatment course spoke of their gratitude for being given an
option other than incarceration.

"It saved my life," said Luis Ruiz, a 32-year-old construction
worker. "In fact, before [Drug Court] I wasn't really living, I had
no life. I was just existing one day to the next."

Ruiz and the 20 other graduates of the East Los Angeles Drug Court
program had been addicted to drugs for a total of 277 years. Over
that time, they said, they crushed hundreds of relationships, wasted
thousands of dollars and ruined untold dreams.

In theory, Proposition 36 would give thousands of other drug
defendants a similar opportunity to turn their lives around. Whether
they will actually get it is something judges, attorneys, health
officials and many others are waiting to see.

"It's definitely a different approach to the war on drugs," Tynan
said. "This is going to be a challenge; we're dealing with a lot of
unknowns and a lot of uncertainties."

One question for Los Angeles County is whether the relatively small
Drug Court model will be as successful on a larger scale, given the
complications judges, probation officers and other court officials.

"You never feel like you're fully prepared," said David Davies, a
spokesman for the county probation office. "The county started early
on this. We've had amazing cooperation in the process so far. We've
put together a plan that on the surface is doable. We'll see if it
works."

As for prosecutors and defense attorneys, there are myriad issues
that they expect will have to be resolved by the courts in the months
or years ahead. Those matters stem largely from different
interpretations of the language of Proposition 36, which is vague on
such issues as what constitutes a "drug-related" probation violation
and at what point a troublesome defendant is removed from a treatment
program and sent to jail.

A plan outlining how the proposition will be implemented is expected
to go to the county Board of Supervisors within a month. To keep the
public informed of the ongoing plans, the Los Angeles County
Department of Health Services has posted updates of the county's
progress on its Web site: http://www.lapublichealth.org.