Downey 'unlikely to be jailed' despite arrest

Robert Downey Jr could spend six months in a drug treatment centre following his latest run-in with the law.

But a state corrections spokesman said he is unlikely to go to prison.

Downey's arrest this week abruptly ended his Golden Globe-winning role on Ally McBeal.

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," said Russ Heimerich, a spokesman for the California Department of Corrections in Sacramento.

Mr Heimerich said: "He's not being treated more harshly nor is he being treated more leniently. Just because somebody has violated their parole doesn't mean they go back to prison.

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

Downey, 36, of Malibu, was arrested in 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.

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

The actor already was scheduled for a court hearing on 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.