Pubdate: Thu, 09 Nov 2000 Source: Auburn Journal (CA) Copyright: 2000 Auburn Journal Contact: 1030 High St., Auburn, CA 95603 Website: http://www.auburnjournal.com/ Author: Bruce Schuknecht, Journal Staff Writer Bookmark: For Substance Abuse and Crime Prevention Act items: http://www.mapinc.org/prop36.htm DRUG COURT SUPPORTERS QUESTION PROPOSITION 36'S EFFECTS Judges Concerned That Without Threat Of Jail Time, There's No Teeth To Laws Two Placer County judges say the passage of Proposition 36 jeopardizes the future of the county's drug court. The newly passed measure orders treatment for first- and second-time drug offenses rather than jail. The state analyst predicts a $200 million annual savings statewide from cuts in jailing would-be offenders. But Placer County Superior Court Judge Joe O'Flaherty called Prop. 36 a "very bad idea." It undermines drug laws, civic responsibility and frees drug users who reoffend, he said. Drug treatment programs, while helpful, carry no punitive consequences, he added. "Prop. 36 effectively destroys the drug courts. The drug court concept is a rare success in the drug epidemic," he wrote in a letter published in the Auburn Journal's website. "Drug courts use a push-pull, carrot-and-stick approach in dealing with addiction," he said of court-sanctioned treatment and support. Prop. 36 does away with the "stick" that threatens jail time for an addict's failure. "The addicts in drug court know there will be punishment," O'Flaherty said. "It just won't be as severe as with a full-blown prosecution." Placer County Drug Court Commissioner Colleen Nichols doubts drug treatment alone, without the risk of a jail sentence, would help most addicts. Program workers track the progress of drug court defendants, who face possible jail time for washing out of treatment and failing two drug tests. Nichols said a statewide survey reveals that about 80 percent of drug users favor a combination of treatment and jail. "Most people don't get sober on their own. People have to want to get clean," Nichols said. "There's no accountability for drug addicts" under Prop. 36. "It takes away our ability to apply sanctions," she said. "Most (substance abusers) can do 15 days in jail with their eyes closed." Right now, three similar drug court programs in Placer County comprise about 455 participants, including 400 adults and 30 juveniles, said program coordinator Maureen Hernandez. Only about 7 percent of the graduates get rearrested, she noted. The program's recidivism rate ranks better than similar programs in many other counties, Nichols said. She also worried that addicts under Prop. 36 could overburden the supply of qualified treatment centers, which she estimated at a half-dozen in Placer County. But the measure does provide seed money for eventually expanding drug treatment in California counties, which must apply for help, said Jim Gonzalez, Prop. 36's deputy campaign manager. "It creates more treatment slots and has more money for probation and supervision," he said. He described a ramp-up feature that would provide $60 million over six months during the proposition's first phase for allowing qualified counties to expand treatment. The proposition provides $120 million a year for five years, with some money earmarked for boosting treatment, he said. - --- MAP posted-by: Jo-D