TRUE DRUG CHARGES

In the Dec. 27 article (``Drug programs imposed by law making a mark''),
Keith Bagwell erroneously implied that the Pima County Attorney's Office
intentionally subverts the will of the people, as expressed in Proposition
200, by sending first-time drug offenders to jail or prison on drug
paraphernalia charges rather than offering them treatment. Nothing could be
further from the truth.

Even before Proposition 200, the Pima County Attorney's Office championed
treatment, not jail, for drug addicts.

Long before Proposition 200, and long before the existence of drug court,
we implemented our own Narcotics Diversion Program to treat, not jail,
first- and second-time drug offenders. Well before Proposition 200, it was
the policy of my office to offer defendants charged with drug possession an
opportunity for drug treatment and probation, not jail.

Arizona law requires those arrested for possession of marijuana and
dangerous or narcotic drugs to be charged with a class four felony. If,
however, they qualify for and choose to participate in Drug Court,
defendants receive treatment and probation, not prosecution and not jail.
On successful completion of the program, all charges are dismissed, an
option not even mentioned in Bagwell's article.

If defendants do not qualify for Drug Court, or if they choose not to
participate, we still do not seek jail time. Our standard plea offer for
both first- and second-time drug possession is a reduction of the class
four felony to a class six open-ended offense. The significance of this
plea offer is the judge can, and usually does, designate the offense a
misdemeanor, which avoids a felony conviction and its adverse consequences.

My office does charge possession of narcotic paraphernalia whenever the
facts support the charge. Under Arizona law, defendants may refuse drug
treatment. Absent the paraphernalia charge, if defendants charged with
possession decline Drug Court, treatment and probation, the court can do
nothing. I doubt that the voters intended such a result.

A plea to possession of narcotic paraphernalia also permits a probation
officer to seek, and a judge to impose, a jail sentence if a defendant
fails to abide by the conditions of probation.

Staying motivated to continue treatment is difficult for many addicts.
Absent sufficient motivation, the probability of successful treatment
significantly diminishes. The potential that a defendant may be sentenced
to jail for even a few days can be a strong motivator for successful
completion of treatments. Such success benefits all of us and is firmly
within the spirit of Proposition 200.

Incarceration is reserved for repetitive drug offenders and for those who
traffic in the drug trade. We do not seek jail or prison for first-or
second-time offenders who possess or use illegal drugs.

It is my firm belief that the best opportunity we have to win the war
against drugs lies in prevention, education and treatment, and, contrary to
Bagwell's misleading article, the policies of my office reflect this.

Barbara LaWall Pima County Attorney