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Friday April 27, 2001

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Officials favor treatment for Downey

By The Associated Press

LOS ANGELES - Robert Downey Jr. could spend six months in a drug treatment center following his latest run-in with the law, but he is unlikely to go to prison, a state corrections spokesman said.

The actor's parole agent has six days to file a recommendation with his supervisor on whether Downey should return to prison as a parole violator.

That was ``unlikely,'' Russ Heimerich, a spokesman for the California Department of Corrections in Sacramento, said Wednesday.

Downey's arrest about midnight Tuesday abruptly ended his Golden Globe-winning role on the Fox show ``Ally McBeal'' but Heimerich said his celebrity status would not affect the case.

``He's not being treated more harshly nor is he being treated more leniently,'' he said. ``Just because somebody has violated their parole doesn't mean they go back to prison,'' he said, adding that drug-addicted parolees often suffer relapses and the goal is to ``get them off the stuff.''

Other options include increased drug testing and visits to his parole officer.

Downey, 36, of Malibu, was arrested in suburban Culver City for investigation of being under a controlled substance. He was released to his parole agent and given a May 15 court date pending analysis of a urine sample, Culver City police Lt. Dave Tankenson said.

Investigators will receive a preliminary analysis seven to 10 days after the arrest and will take the results to prosecutors to determine whether Downey will be charged. A final report

identifying specific substances takes four to six weeks, Tankenson said.

Downey could face prosecution for a misdemeanor, punishable by up to a year in jail.

The actor already was scheduled for a court hearing Monday involving his November arrest at a Palm Springs hotel that led to charges of possessing cocaine and Valium and being under the influence of a controlled substance.

His attorney, Robert Waters, said Downey planned to appear at the hearing.

Downey's arrest came with production under way on final episodes of ``Ally McBeal,'' in which his portrayal of the love interest of star Calista Flockhart earned him a Golden Globe this year for best supporting actor. The show's producers said he won't return to complete the season.