Feb. 2--SANTA FE -- Backers of a proposal to give small-scale drug offenders the chance to have charges against them dismissed by completing a treatment program are hoping an unlikely ally -- the state budget deficit -- will bolster their argument in front of New Mexico lawmakers.

The proposal, which would give judges the authority to decide whether drug offenders are given the treatment option or jail time or probation, has been rejected by lawmakers in recent years.

But advocates of the strategy -- which has been adopted in 18 states -- say the state's projected budget deficit of between $500 million and $600 million for the fiscal year that starts July 1 could compel legislators to take a fresh look at the measure (HB178), which is scheduled to have its first hearing today in the House Consumer and Public Affairs Committee.

"I think it's time for us to really look at whether we want addiction to be a crime or if we want to view it as a health condition," said Reena Szczepanski, director of the Santa Fe-based Drug Policy Alliance New Mexico.

Szczepanski said state figures show that it costs about $22 million a year to incarcerate people arrested on drug possession charges. Providing substance abuse treatment to those people would cost less than $4 million annually, she said.

However, skeptics of the proposed law point out that drug treatment programs, such as detox, counseling and methadone treatment, aren't readily available in all parts of New Mexico.

Bernalillo County District Attorney Kari Brandenburg said there would probably be a high cost associated with making such programs available statewide.

"We're certainly in favor of treatment if it can change the behavior," Brandenburg said. "But we're also very in favor of public safety."

Currently, New Mexico judges have a few options when it comes to sentencing people convicted of small-scale drug possession: jail time, probation or drug court, which includes treatment.

Rep. Antonio "Moe" Maestas, D-Albuquerque, who's sponsoring this year's bill, said that in addition to saving money, the new law would provide an incentive for drug offenders to get clean and stay clean.

"From my perspective, there's tremendous support nationally and locally to avoid incarcerating first-time drug offenders," Maestas said.

Under the bill's terms, the courtordered treatment program could last up to 18 months.

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