Pubdate: Wed, 27 Nov 2002
Source: Los Angeles Times (CA)
Copyright: 2002 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Daren Briscoe, Times Staff Writer
Bookmark: http://www.mapinc.org/prop36.htm  (Substance Abuse and Crime 
Prevention Act)

LAW OFFERING DRUG TREATMENT IS CALLED A QUALIFIED SUCCESS

A law intended to divert nonviolent drug offenders into treatment programs 
instead of prison is reaching fewer people overall and more hard-core 
substance abusers than intended, according to a report released Tuesday.

Enacted in July 2001, Proposition 36 requires that people convicted of 
possession, use or transportation of drugs for personal use be offered drug 
treatment rather than jail. It does not apply to those convicted of drug 
sales or to anyone with a prior violent felony conviction. The measure was 
intended to save taxpayer money.

The report released Tuesday by the county found that 8,329 people were 
sentenced to treatment under Proposition 36 in the first 12 months since 
its enactment, nearly 7,000 fewer than projected. Of those, nearly 20% 
failed to report for treatment.

Still, the report called the measure a success. It is "working really well" 
in terms of diverting thousands of people from prison and into treatment, 
said Patrick L. Ogawa, director of the county's Alcohol and Drug Program 
Administration, which compiled the report.

 From July 2001 through June 2002, the report tracked defendants sentenced 
under Proposition 36 at several stages, beginning with their sentencing. 
The next monitored stage was assessment, in which the severity of a 
defendant's addiction was determined, followed by placement with a 
treatment center.

The report indicated a substantial drop in participation at each stage. The 
result was an overall decline of nearly 50% from the number of those 
sentenced to the number of those in treatment as of June 30, 2002.

Michael A. Tynan, a judge who supervises all county drug court programs, 
said the law needs to be modified to ensure that defendants complete 
treatment programs or face incarceration. Currently, the defendants are 
given several chances to complete the program before they face jail.

"Proposition 36 was sold to voters as a way to keep true first and second 
offenders out of prison," Tynan said. "I think we're wasting an awful lot 
of money on people who can't benefit from such a lightweight program."

Nearly 70% of the defendants in treatment were convicted of felony crimes, 
mostly felony drug possession. According to the report, "the level of 
addiction [in Los Angeles County] has been more serious than initially 
anticipated," meaning that although fewer people than expected are sent to 
treatment, they tend to require more services than casual drug users.

"We're talking about a hard-core population overall," said Ana Maria Luna, 
a judge who heads a county task force on implementing Proposition 36. 
"People that are coming into the system have a higher level of acuity in 
terms of their substance abuse problems."

Luna said Proposition 36 has been successful "in terms of moving large 
numbers of people into treatment ... given the large geographic area that 
L.A. County serves."

More than 60 people have completed drug treatment programs and had their 
cases dismissed by a court. But Luna said that, since the program was 
designed to last 18 months, the fact that 60 people have finished early is 
a good sign.
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