CHANGES TO PROP. 36 ADVISED

SAN BERNARDINO -- California legislators have approved a change to the
state's Proposition 36 drug treatment law, giving judges the authority
to send probation violators to jail for brief periods of time.

The measure -- passed by the Senate and Assembly as part of the state
budget package -- permits jailing for up to 10 days for Prop. 36
offenders who quit treatment or violate their probations in some way.

"It gives the judges additional tools and accountability," said state
Sen. Denise Ducheny, who authored the bill.

The bill also allows judges to order longer treatment plans for some
offenders beyond the required 12 months, Ducheny added.

Prop. 36, or the Abuse and Crime Prevention Act, was passed by
California voters in November 2000. Under the law, adults convicted of
nonviolent drug offenses can be sentenced to probation and drug
treatment instead of incarceration or probation without treatment.

The measure is not being supported by some advocacy groups, including
the Drug Policy Alliance, who claim it is unconstitutional because
voters approved Prop. 36 for its lack of jail time.

"What elected officials did was reprehensible," said Margaret Dooley,
Prop. 36 outreach coordinator for the Drug Policy Alliance. "They
unlawfully overrode the expressed will of the people of California and
did so despite the state's own studies proving that the program is
working."

The Drug Policy Alliance has threatened to challenge the new
measure.

San Bernardino County officials say their biggest concern with Prop.
36 is not the new jail penalty -- which they support -- but the lack
of adequate funds to the keep the program running properly.

Officials with San Bernardino County Probation Department say they
were disappointed the dollar amount -- $120 million statewide --
stayed the same as it has been for the past five years.

"What this means, since the funding for Prop. 36 has not increased but
the cost of running the program has, this is basically a cut for us,"
said Joyce Lewis, deputy director of the county's Alcohol and Drug
Services. "Our funding has not increased since 2000, but salaries and
the cost of supplies have gone up."

As a result of the inadequate funding, Lewis said the Probation
Department had to reduce the number of Prop. 36 probation officers
from 24 to 18. It also means drug offenders will find themselves on
waiting lists instead of receiving treatment right away.

"The best thing for anyone with an addiction is to get them in
treatment right away," Lewis said. "We have more success if they don't
have to wait."

Lewis said a statewide budget of at least $200 million is needed in
order to get drug offenders off of waiting lists for treatment.

Still, Lewis said, the approved funding for the state means Prop. 36
will be kept alive for at least another year.