JAIL OR DETOX? IT'S YOUR CHOICE NOV. 7

Whether or not you've been busted before, know someone who could use some
rehab, or enjoy the occasional recreational use of prohibited substances,
Proposition 36, on the November state ballot, holds much relevance for LGBT
people concerned about justice.

California's three strikes law - one of the strictest in the country - has
resulted in a booming economy for the prison industry of this state, which
ranks first nationwide in correctional institution spending. The three
strikes law, implemented after the tragic killing of 12-year-old Polly Klaas
in 1993, was meant to keep repeat offenders behind bars so that a murder
like Klaas's would not happen again (Richard Allen Davis, Klaas' convicted
killer, had a prior violent record and had been released from prison). But
the law - built upon felony convictions - has since been used to give
extended and/or life sentences to people with simple drug possession
convictions. That means that overcrowded prisons rely heavily on nonviolent
offenders to keep them in business, a situation which is neither helpful to
those convicted nor to society as a whole, according to supporters of
Proposition 36. Even Marc Klaas, Polly's father, has repeatedly spoken
against the current law.

Under Proposition 36, first- and second-time drug offenders will get
mandatory, court-supervised treatment instead of jail, an environment where
drugs run rampant and the possibility of rehabilitation, for many, is slim.
If passed, the law is limited to people convicted for possession for
personal use, so drug dealers and sellers would not be eligible for
treatment. Nor would people guilty of other drug related crimes be excused
from prison.

But advocates for Proposition 36 say that for the 19,300 people presently
serving time for possession, the ballot measure could mean the difference
between turning their lives around and falling further into a cycle of drug
abuse.

The measure - supported by state Senator Richard Polanco (D-Los Angeles),
U.S. Congresswoman Maxine Waters (D-California), the California Nurses
Association, and others - does have its critics, chiefly those who are
employed by the drug courts and people who are members of victims' rights
organizations. One argument against Proposition 36 is that possessing a
"date rape" drug - even if one has a history of rape or molestation - will
excuse that offender from serving time. This is not so, say supporters of
36, who emphasize that if the drug is found not to be for personal use, then
the law would not apply.

Proposition 36 also makes economic sense, say supporters, who compare the
$24,000 annual cost per prisoner to the $4,000 cost for treatment.

But most of all, it helps to attack the problem behind drug-related crime in
the first place.

"In the current system there is a huge proportion of people in jail for
drug-related offenses. It does nothing to help with the drug problem, or
deal with the real issue behind many kinds of crime," said Michael Siever,
Ph.D., an openly gay drug treatment advocate who works for several local
organizations and serves on the city's drug treatment on demand council.
"There's a place for jail, but it's not for everyone. Punishment for
personal possession seems to carry a moralistic tone, when what many people
need is treatment."