Pubdate: Wed, 08 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: Steve Berry, Times Staff Writer
Bookmark: http://www.mapinc.org/prop36.htm (Substance Abuse and Crime 
Prevention Act)

A BREAK FOR DRUG OFFENDERS

Prop. 36: D.A. Will Not Seek Jail Time For Defendants Convicted Before 
Ballot Measure Went Into Effect.

Giving a break to hundreds of drug defendants, the Los Angeles County 
district attorney's office will not seek jail time for people who were 
convicted but not sentenced before Proposition 36 took effect July 1.

The ballot measure, approved by voters last year, calls for drug treatment 
rather than incarceration for certain offenders. But in recent weeks, 
prosecutors and defense attorneys have battled in courtrooms over whether 
defendants convicted before July 1 could nonetheless be sentenced under 
Proposition 36.

Head Deputy Dist. Atty. Lawrence Mason said Tuesday that the office's new 
policy will be in effect until appellate courts resolve the legal 
controversy over whether the new law applies only to people convicted after 
the effective date of Proposition 36. Mason said the new policy will apply 
to anyone arrested and convicted between Nov. 7, when the proposition was 
approved, and July 1. He said he doesn't know whether the appeals court 
will apply the law retroactively.

"There are good indications it will say they are entitled to the relief 
that is provided by Proposition 36," Mason said.

But, because of the uncertainty, he predicted Los Angeles lawyers will rush 
to get their cases settled before the appeals court renders a decision.

The new law gives first- and second-time drug offenders convicted of 
possessing, using or transporting drugs for personal use the chance to 
receive probation and treatment rather than jail sentences.

In Los Angeles County, court officials estimate that Proposition 36 will 
apply to about 16,000 defendants annually.

Many defense lawyers for people arrested after the proposition was approved 
obtained repeated postponements of their trials so that their clients would 
not be subject to jail sentences.

Until this week's policy was announced, Dist. Atty. Steve Cooley 
interpreted the law to mean that it did not apply to anyone convicted 
before July 1. But judges in Los Angeles and across the state had differing 
views.

Los Angeles Superior Court Judge Stephen Marcus has let defendants 
convicted before July 1 take advantage of drug treatment. But another judge 
has not, and the 2nd Court of Appeals is now considering two of those cases.

Marcus praised Cooley's action, calling it "a wise decision."

"I think it will bring some stability to the criminal justice system," he said.

Deputy Public Defender Alex Ricciardulli, who is handling one of the 
appeals court cases, said the new policy will benefit the "vast bulk" of 
the drug defendants arrested before July 1.
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