Pubdate: Fri, 03 Aug 2001
Source: Los Angeles Times (CA)
Copyright: 2001 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Anna Gorman, LA Times Staff Writer

REAL LIFE TESTS FOR PROP. 36

Treatment: Early Look At Four Drug Offenders Finds Two Making Progress. 
Judge Gives One Of The Others A Second Chance.

Three weeks after being among the first drug offenders in the state 
sentenced to treatment rather than time behind bars under Proposition 36, 
four defendants were scheduled to return before Los Angeles County Superior 
Court Judge Stephen Marcus this week to report their progress.

The results were mixed.

Two had enrolled in rehabilitation programs and seemed to be on the road to 
recovery. A third, who never reported for treatment, showed up in court six 
hours late and was temporarily taken into custody before being ordered by 
Marcus to return the next morning. The jury remains out on the fourth, who 
is in a rehabilitation program but did not come to the downtown Criminal 
Courts Building as scheduled. Though the ballot measure was touted as a way 
to get drug offenders out of jail and into rehab centers, early evidence 
shows that some offenders are walking a precarious line between accepting 
the free help they need or landing right back behind bars.

"The reality is many addicts are not ready for treatment," said Marcus in 
an interview. "The drug addiction is so strong and overwhelming in their 
life that it controls everything they do. They are simply going to go back 
to using drugs."

If that proves to be the case, many defendants could swiftly end up in 
prison rather than in recovery. As a result, treatment centers might not be 
as overwhelmed as had been anticipated. And California voters--who passed 
the initiative by a 61-39% margin in November--could begin questioning the 
state's innovative attempt to alter the way drug defendants are sentenced.

Proposition 36 targets defendants convicted of nonviolent drug crimes, 
including possession, use or transportation of drugs for personal use. 
Those who successfully finish their rehabilitation programs can ask the 
court to dismiss their drug charges.

Defendants in rehab programs who test positive for drugs or get caught with 
them generally have two chances to get back on track, but then can be 
sentenced to state prison. For defendants who don't report to treatment 
programs, judges are issuing arrest warrants and considering sending them 
to prison immediately.

Marcus put out a warrant for missing defendant Christina Nixon at 10 a.m. 
Wednesday, an hour after she was due in court, but recalled it when she 
appeared at 3 p.m. That was a relief to Nixon, 43, who said she intended to 
go to treatment but just never made it. She said she also meant to come to 
court in the morning, but said it took her six hours to get up the courage 
and energy to face Marcus.

"I was scared 'cause I knew I messed up," she said. "I didn't want that 
warrant. I don't want to go to jail."

Motivation Is Key to Effectiveness

The effectiveness of Proposition 36 largely depends on the motivation of 
people like Nixon, who has had several cocaine arrests in the last decade.

Unlike drug courts, judges have to place offenders in treatment under 
Proposition 36 regardless of the likelihood of success. As a result, judges 
don't have high hopes: They estimate that 40% to 50% of defendants will 
never report to drug treatment facilities. They expect others to relapse, 
get rearrested or quit rehab programs.

Los Angeles County Superior Court Commissioner Ronald Rose said it's a 
given that people are going to fail. "The real question is how many people 
will succeed," he said.

Proposition 36 co-author Dave Fratello said he intended the initiative to 
make treatment an option for more drug offenders than were being chosen for 
drug courts. "Potentially savable cases were being tossed overboard," he 
said. "Who knows whether someone is going to be successful or not? They may 
come into the courtroom looking like they have no motivation but they may 
find it in the course of a program."

Nicholas Hernandez, 36, was first to be called Wednesday morning. As he 
watched the judge read a letter from his residential treatment program, 
Hernandez shifted his weight and rubbed his hands against his jeans. Marcus 
told him the report was positive.

Hernandez smiled and nodded, his dreadlocks bouncing. The Belize immigrant 
had been addicted to cocaine for 10 years and had been trying to give up 
drugs since a 1999 possession arrest. He relapsed four times.

"They kept giving me outpatient," he said. "I needed inpatient. If I'm 
somewhere where I can get my head together, I might have a chance to be 
sober and clean."

Marcus also praised Avenger quarterback Todd Marinovich for following his 
drug treatment plan at Impact, an outpatient program that includes 
counseling and random drug testing. Marinovich, who was convicted of heroin 
possession and has had previous drug problems, including a 1997 conviction 
for cultivating marijuana, said he was doing "excellent" in the program.

After asking the 32-year-old former Los Angeles Raider about his football 
season, Marcus wished him luck and said, "Just keep doing what you're doing 
and hopefully this will be over in about a year."

Misti Kerns, convicted of cocaine possession, did not come to court as 
scheduled Wednesday for her progress report. The court later in the day 
received a call from the inpatient treatment center where she is enrolled, 
saying residents can only be driven to court on Monday and Friday. So 
Marcus issued a $10,000 arrest warrant, but held it until this morning to 
give her a second chance to report to court.

When Nixon's name was called, nobody answered. She had never reported to 
probation or to a treatment program and was nowhere to be found. So Marcus 
revoked her probation and issued a warrant. But late that afternoon, she 
came into the courtroom with excuses and apologies ready. She had no place 
to live, no money to pay for bus fare and no family to turn to for help, 
she said.

Marcus had his bailiff take her into custody, but then changed his mind and 
gave her another chance. He told her to come to court at 8:30 the next 
morning. Nixon, wearing gym shorts and a nose ring, ran into the courtroom 
Thursday morning out of breath and 25 minutes late.

Nixon said she had been in and out of prison for drugs and prostitution for 
five years when she got caught with cocaine recently. She knew Proposition 
36 was a good opportunity for free rehab, but she said she just wasn't 
ready three weeks ago.

"I had every intention of going," she said. "But I thought my friends would 
be with me and I thought it was going to be easy. I'm very, very pleased to 
have a second chance. I'm ready to get over the hump."

Marcus told her she escaped going to jail by an eyelash and ordered her to 
report for treatment immediately. "I am going to give you another 
opportunity," he said. "All I can tell you is I'm going to be watching you."
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