DON'T DISMANTLE DRUG LAWS, PROSECUTORS WARN

COLUMBUS -- A proposed constitutional amendment to require treatment for
nonviolent first and second-time drug offenders is a "stalking horse for
decriminalization," Ohio Attorney General Betty Montgomery said yesterday.

"It is a systematic and dangerous attempt to dismantle the very careful
system of checks and balances embedded in our criminal justice system,"
said Ms. Montgomery, who spoke out against the measure with the prosecutors
of Hamilton, Scioto, Clark, and Portage counties.

The debate heated up as backers of the proposal plan to file their
petitions today to get the issue on the Nov. 5 ballot. State law requires
the signatures of at least 335,421 registered voters.

The proposed ballot issue would require the state to boost spending by
nearly $250 million over six years for treatment of nonviolent drug offenders.

If voters approve the constitutional amendment, treatment would be an
option for any nonviolent first or second-time drug offender - and the
counting would start after passage of the initiative.

"Our rationale is, 'Let's give everybody a chance, even if they've got
[prior convictions], and see if they can make a go of it," said Dave
Fratello, national political director of the Campaign for New Drug
Policies, of California.

Drug traffickers, violent offenders, or those operating a motor vehicle
under the influence of alcohol or other drugs would not be eligible, Mr.
Fratello said.

He acknowledged that some prosecutors and judges in California, where a
similar ballot issue took effect last year, are frustrated that drug
offenders with a dozen prior arrests are required to get treatment instead
of jail time.

But Mr. Fratello said the goal is to help "hard-core addicts."

Ms. Montgomery said the Campaign for New Drug Policies is ignoring efforts
by the legislature and the state Criminal Sentencing Commission to give
judges discretion over how to handle nonviolent first and second-time drug
offenders.

She said the initiative would reduce maximum jail time to only 90 days for
nonviolent drug offenders who drop out or get kicked out of treatment.

Mr. Fratello said the Columbus law firm of Chester, Willcox, & Saxbe no
longer represents the Ohio Campaign for Drug Policies because of pressure
from the governor's office. Attorney Don Brey drafted the constitutional
amendment. He was unavailable for comment.

Mary Anne Sharkey, Mr. Taft's press secretary, said the governor's office
did not apply any pressure on Chester, Willcox, & Saxbe and Mr. Taft's
opposition to the ballot issue has been clear for several months.

Mr. Fratello said Chester, Willcox, & Saxbe felt it had a "looming
conflict" because it also works as a special counsel for Attorney General
Betty Montgomery.

Ms. Montgomery said the law firm would not have had a conflict of interest
if it continued to work for the pro-ballot issue group.