DRUG USERS' NEW DEAL LAW TAKES EFFECT SOON THAT STRESSES TREATMENT OVER JAIL.

Byline: Greg Botonis Staff Writer

PALMDALE - A California law that stresses treatment over jail for people caught with drugs is being seen as a major turning point in the war on drugs - but whether for better or worse is still being debated.

Passed 61 to 39 percent last November as Proposition 36, the new law goes into effect July 1 and offers defendants a chance to attend a treatment center in place of jail, prison or community service work.

``Prop 36 gives (offenders) a lot of room for error,'' said Deputy District Attorney John Portillo, head of the District Attorney office in Lancaster. ``A defendant can remain free for a long time before he has used up his last shot.''

Proposition 36 applies to people accused of being under the influence of, possessing or transporting illegal drugs for personal use in nonviolent cases.

Currently, first-time defendants can plead guilty to drug possession charges and request a ``deferred entry of judgment,'' which lets them attend a rehabilitation program and avoid incarceration.

The system offers a quick way to get the defendants in and out of the court and begin the rehabilitation process immediately, officials said. But it is only open to first-time offenders without criminal records.

``If the defendant fails the deferred entry of judgment program we get a report about the failure,'' said Portillo. ''It takes up very little of our time. That's not going to be the case with the Prop. 36 cases.''

Unlike the deferred entry of judgment arrangement, Proposition 36 is open to offenders with criminal records, as long as they do not include serious felonies. Suspected drug users can go through the process a second time if they are arrested again.

Under the new law, drug defendants need not plead guilty to opt for treatment. They may go through trial and get convicted before requesting treatment.

Once in treatment, defendants must appear in court once a month to report on their progress. The judge has authority to order a defendant into a more restrictive treatment program if they test positive for drug use.

Rehab programs vary, depending on severity of addiction, and can last between three and nine months, followed by supervision by probation officers for 36 months.

Prop. 36 will cost Los Angeles County an estimated $15.5 million the first year, with $30 million in additional funds each year until 2006, officials say.

The Los Angeles County Health Services Alcohol and Drug Program Administration estimates the cost is nearly $150 million less annually to send drug offenders to rehabilitation programs instead of to jails.

County drug officials expect more than 15,000 offenders per year to come through the program in Service Planning Area 1, which includes the Antelope Valley and Santa Clarita.

Treatment facilities throughout Los Angeles County will be handling the new cases. Officials don't know how many new ones will be available to take the influx.

``We currently contract with about 300 programs throughout L.A. County but we expect to have more by August when we have new contract openings for other programs to climb on board,'' said Lydia Becerra, spokesperson for the ADPA.

Four treatment programs have signed on to service the Antelope Valley: American Health Services Antelope Valley Rehab Center, Medical Store Women's Recovery Community, Western Pacific Medical Corporation and the Tarzana Treatment Center.

Tarzana will provide an initial assessment for most of the Antelope Valley offenders and then assign them to a specific treatment program.