BALLOT MEASURE SEEN AS JUST A WAY TO LEGALIZE DRUG USE

The Substance Abuse and Crime Prevention Act of 2000 is nothing more than
another step in the effort to legalize drugs

I am writing in response to Michael Fitzgerald's June 30 article "Spanos
off target in war on drugs." The dangerous and misleading "Substance Abuse
and Crime Prevention Act of 2000" is another attempt by George Soros and a
San Francisco Defense lawyer to give advantage to defendants, not to
utilize proven successful treatment strategies. The initiative actually has
nothing to do with substance abuse or crime prevention.

The initiative is billed as a cost-saving measure, but will actually result
in an incalculable increase in trial costs, since the initiative removes
the requirement of current law that defendants plead guilty before they are
eligible for any diversion program. California drug courts are a proven
success in combating and treating drug abuse. They place drug-using
offenders in appropriate drug-treatment programs that tailor the level of
intervention and resource commitment to the needs of the offenders without
compromising public safety.

The ballot measure would cripple courts by prohibiting and tying the hands
of judges from imposing immediate sanctions, including short periods of
jail time to change behavior and keep drug addicts in treatment. Under the
Soros initiative, judges no longer could send addicts to jail for using
drugs or alcohol.

The only choice would be to send them to prison if they relapsed many
times. There is no middle ground. Alcohol and drug addiction are the
leading causes of crime. If we prohibit the jailing of addicts on probation
who relapse, we will wind up with more addicts on our streets, more
families torn apart by drugs and alcohol, and more addicts committing
serious crimes because they were never coerced into treatment.

Most addicts are not motivated to seek treatment on their own and it is
necessary to coerce them.

The initiative prohibits jail or prison for virtually any person convicted
of using or possessing heroin, methamphetamines, PCP, crack cocaine, GHB
"date-rape" drugs and other illegal substances, even abusers with a long
history of drug dealing, parole violation or past felony offenses. Serial
rapists, child molesters and other sex offenders convicted of possessing
"date-rape" drugs could escape a jail or prison term. They would instead be
diverted into a drug "treatment" program, even though they are not using
these drugs personally.

The initiative exposes California employers to lawsuits for firing or
refusing to hire workers convicted of drug abuse, and allows job applicants
to legally conceal information about past drug convictions. It also forces
employers to continue paying workers placed on leave because of on-the-job
drug use.

The initiative also undermines "Drug-Free School Zones," "Zero Tolerance
for Drugs and Violence" school policies, and successful anti-drug programs
like D.A.R.E. and Just Say No. It even makes it easier for convicted drug
felons to continue working as school-bus drivers, coaches and teachers.

It will allow drug offenders who complete "treatment" programs to apply
directly to the court to expunge their drug-abuse record, making it
impossible for schools to determine if potential employees who have been
convicted of drug abuse.

The initiative weakens California's highly effective "Three Strikes" law
that has kept repeat violent offenders off our streets. It eliminates
prison for people convicted of possessing illegal drugs while armed with
loaded firearms.

The initiative will spend $120 million a year in tax money on drug
"treatment," but prohibits any of the funds from being used for testing.
The initiative also eliminates consequences for failing treatment. It fails
to require treatment programs to document their success or keep records of
their operations and evaluations. It even allows funding for programs that
may only provide phone counseling, Internet chat rooms or cassette recordings.

Mr. Spanos is not off the target. In fact, he is taking the lead as a
responsible citizen, a parent and grandparent. He is not alone, California
Police Chiefs Association, Chief Probation Officers of California and the
California Narcotics Officer Association, state and national drug court
organizations oppose this dangerous and deceptive measure.

Gary Armstrong, past president, California Narcotic Officers Association, Lodi