LEGAL OPINION SAYS PROP. 36 FUNDS CANNOT BE REDIRECTED

Money for drug treatment may not be in jeopardy after all.

The state Office of Legislative Counsel issued an opinion Wednesday that
said rechanneling money set aside for Proposition 36 would be illegal.

Proposition 36, passed by 61 percent of the voters in November 2000, allows
first- and second-time nonviolent drug offenders to undergo treatment
instead of incarceration.

Gov. Gray Davis had said he planned to change the funding mechanism so that
counties would get $8.2 billion from income, sales and tobacco taxes to run
health and social-service programs, including Proposition 36.

The opinion by the legislative counsel means that the ballot measure's
required $120 million will likely be sent to the state's 58 counties on July
1 regardless of the status of the state budget.

Davis could still decide to move forward with his original plan, but
drug-policy experts say it's not likely.

Dave Fratello, political director of the Campaign for New Drug Policies, a
proponent of Proposition 36, said his group would take legal action against
Davis if he followed through with his plan.

"The opinion may make litigation unnecessary if everyone sees the writing on
the wall,' Fratello said. "The legislative counsel has major power in
Sacramento. They advise the Legislature, and the leadership will be looking
at this before they make plans on realignment.'

San Bernardino County officials were upset with Davis' realignment plan
because they said it would mean less money for the drug-treatment
initiative, a program that is growing in size and demands.

"I think the position of our whole county is that it is illegal and that the
(legislative counsel) made a good and wise decision,' said Lynn Van Gilder,
substance-abuse coordinator for the county's Proposition 36 programs.

"We have all been waiting to hear what the governor's final budget was going
to look like,' Van Gilder said. "In an economic time when we need more
services in this area, trying to put Proposition 36 under realignment would
be a difficult thing.'

The county's most recent figures show that through the end of 2002, 2,544
people entered treatment programs and 2,323 people completed at least one
treatment episode.

During an average month, 1,200 people in the county actively participate in
treatment programs.

County officials expect to receive $5.6 million from the state in July for
drug treatment and more than $400,000 for drug testing from the federal
government.