Alternatives to Incarceration
Law Enforcement: Drug Court Program Needs Serious Reforms, Defense Attorneys Say
Drug courts have spread all across the country since the first one was instituted in Miami 20 years ago by then local prosecutor Janet Reno, but now, the nation's largest group of criminal defense
Sentencing Project Recommendations to U.S. Sentencing Commission
Posted in In the Trenches by David Guard on Tue, 09/01/2009 - 5:16pmDear Friend,
Today the United States Sentencing Commission will be meeting in Washington, D.C. to establish its priorities for the 2009-2010 program year. In preparation for this meeting, the Commission has invited interested parties to recommend areas of focus on federal sentencing policy. On August 5, The Sentencing Project submitted a letter to the Commission highlighting four areas of attention. Our recommended issue areas are the following:
1. Prepare a Report for Congress on the Impact of Federal Mandatory Minimum Sentences - The last substantial report produced on mandatory sentencing is now nearly 20 years old. We recommend a fresh examination of these issues, including the impact of mandatory sentencing on public safety and racial disparity, and the utility of the federal "safety valve" sentencing provision.
2. Continue Recent Activity in the Area of Cocaine Sentencing Policy - The Commission should continue to play an active role in Congressional deliberations regarding changes in the penalty structure for crack and powder cocaine sentencing.
3. Prepare a Report for Congress on Alternatives to Incarceration - Building on evidence that alternatives are underutilized in the federal system, particularly for drug offenses, the Commission should examine options for expansion of alternatives and guidelines restrictions that need to be reconsidered.
4. Examine the Impact of Time Served in Prison on Crime, Costs, and Disparity - Between 1993 and 2006 time served in prison for federal offenses increased by 44%. The Commission should examine these changes to assess their value and cost regarding public safety outcomes.
We hope you find these recommendations useful in your work, and we will keep you posted regarding the priorities established by the U.S. Sentencing Commission.
-The Sentencing Project
Drug Warriors for Sensible Drug Policy
Posted in Chronicle Blog by Scott Morgan on Mon, 07/27/2009 - 11:55pmSome interesting comments from former drug czar Barry McCaffrey at Huffington Post:
Our traditional justice system has been inadequate to the task of breaking the cycle of substance abuse and crime. Four out of every five offenses are committed by someone with a drug or alcohol problem; and we just keep locking them up!
…
Given the abysmal outcomes of incarceration on addictive behavior, there's absolutely no justification for state governments to continue to waste tax dollars feeding a situation where generational recidivism is becoming the norm and parents, children and grandparents may find themselves locked up together.
And here's Robert Weiner, former spokesman at the drug czar's office, writing in the Baltimore Sun:
Why…is the Obama administration proposing to spend an even higher percentage of its anti-drug resources on law enforcement than the administration of George W. Bush?
…
Mr. Kerlikowske has said, "It is only through a balanced approach - combining tough but fair enforcement with robust prevention and treatment - that we will be successful in stemming both demand and supply of illegal drugs." Yet, in the 2010 budget, there is a 3.3 percent reduction in treatment and prevention initiatives since 2008, exacerbating the bias toward enforcement, which now represents 65.6 percent of the budget, even higher than the last administration's 62.3 percent.
So why are these prominent drug warriors now criticizing U.S. drug policy for its perpetual focus on enforcement and incarceration? The short answer is probably that they now work as consultants with clients in the drug treatment industry who love seeing editorials like these.
But I'd like to think that on some level they feel maybe just a little bit responsible for their role in filling our prisons with an unfathomable number of people who don't belong there.
Tough Times: California Protests Over HIV/AIDS Budget Cuts -- Needle Exchange Funding at Risk, Prop. 36 Funding to Vanish
California's $24 billion budget deficit and the steep cuts proposed by Gov.
Sentencing: Poll Finds Public Open to Probation, Diversion Instead of Hard Time for Drug Possession, Other Nonviolent Offenses
According to a newly released poll, more than one-quarter of the population believes that incarcer
Feature: Twenty Years of Drug Courts -- Results and Misgivings
The drug court phenomenon celebrates its 20th birthday this year.
Feature: The Good, the Bad, and the Ugly -- New York Rockefeller Drug Law Reform on the Verge of Passage
A week ago today, New York Gov.
Southeast Asia: Indonesia to Treat Drug Users, Not Jail Them
In a surprise move, the Indonesian Supreme Court last Friday issued a
Incarceration: Too Many Americans Behind Bars at Too High a Cost, Says Pew Study
American states spent about $52 billion on corrections last year, the vast majority of it on prisons, and that's not smart, the Pew Center on the States said in a report released Monday.
Feature: Is This the Year New York's Rockefeller Drug Laws Will Be Repealed?
For more than 35 years, New York state has had the dubious distinction of having some of the country's worst drug laws, the Rockefeller drug laws passed in 1973.
Feature: Prisons Under Pressure -- Corrections Budgets in the Age of Austerity
If there are any silver linings in the current economic, fiscal, and budgetary disaster that afflicts the US, one of them could be that the budget crunch at statehouses around the country means tha
Sentencing: Texas Judges Call for Reducing Drug Possession Penalties
Feature: Looking Forward -- The Prospects for Drug Reform in Obama's Washington
The political landscape in Washington, DC, is undergoing a dramatic shift as the Democratic tide rolls in, and, after eight years of drug war status quo under the Republicans, drug reformers are no
Feature: Sentencing Reform Initiative Defeated in California, "Tough on Crime" Initiatives Win in Oregon
Tough on crime can still trump smart on crime, if Tuesday's elections results on sentencing initiatives in two of the nation's most progressive states are any indication.
If You’re in California, Support Treatment-Not-Incarceration for Drug Offenses
Posted in Chronicle Blog by Scott Morgan on Mon, 11/03/2008 - 5:38pmThis is a final reminder for folks in California. Vote Yes on Prop. 5 tomorrow to provide treatment instead of incarceration for drug offenders.
Feature: Drug Policy Reform and Sentencing Initiatives on the November Ballot
With election day little more than a month away, it is time for a round-up of drug policy reform initiatives facing voters in November.
Initiatives: Drug Czar, Prison Guards Gang Up on California's Treatment-Not-Jail Proposition 5
Office of National Drug Control Policy (ONDCP--the drug czar's office) director John Walters headed to California this week to try t
Feature: Beyond 2008 -- Looking Past the November US Elections
With the November 4 elections now less than two weeks away, most people, drug reformers included, are focused on the near term.
Press Release: California Society of Addiction Medicine Endorses Prop. 5 -- Treatment Community Unifying Behind Measure
Posted in In the Trenches by David Guard on Thu, 10/23/2008 - 11:16amFor Immediate Release: October 20, 2008
Contact: Margaret Dooley-Sammuli at (213) 291-4190 or Tommy McDonald at (510) 229-5215
California Society of Addiction Medicine Endorses Proposition 5: Treatment Community Unifying Behind Measure
SACRAMENTO, October 20 – The California Society of Addiction Medicine (CSAM) has endorsed Proposition 5, the Nonviolent Offender Rehabilitation Act. The association of physicians specializing in addiction treatment will be discussing the measure at their annual gathering in Newport Beach this week. Prop. 5 would significantly expand access to drug treatment for young people, nonviolent offenders and California’s prison and parole populations.
Dr. Judy Martin, president of CSAM, said, “We have tried incarceration as a primary response to addictive illness for decades and it has failed utterly. Prop. 5 marks a historic shift towards a treatment approach for nonviolent drug offenses. Decades of research and experience show that addiction responds very well to treatment. By reducing addictive behavior, treatment also reduces drug-motivated crime. Now is the time for our policies to reflect that fact. Prop. 5 will bring our response to addiction in line with the science, while protecting public safety.”
Dr Martin continued, “Successful addiction treatment holds individuals accountable for their behavior. Prop. 5 gets that right, too, by incorporating sanctions in the community and jail sanctions. Prop. 5 enhances the court’s authority to determine who should and shouldn’t participate in court-supervised treatment and to hold those people accountable during treatment.”
California spends $10 billion each year to operate state prisons, but little of that money goes to treatment or rehabilitation for inmates. According to the Department of Corrections and Rehabilitation, more than 140,000 of the 170,000 people in prison in California have a drug problem.
The Legislative Analyst’s Office calculates that Prop. 5 will lower incarceration costs by $1 billion each year and will cut another $2.5 billion in state costs for prison construction. This doesn’t include savings related to reduced crime, lower social costs (e.g. emergency room visits, child protective services, welfare), and increased individual productivity.
Dr. Martin continued, “California cannot continue with its failed policies toward addiction. Now is the time to invest in what we know works to reduce addiction-motivated crime – drug treatment.”
For more information, visit www.Prop5Yes.org and www.csam-asam.org.
Why Do Prison and Alcohol Lobbies Oppose Drug Treatment?
Posted in Speakeasy Main by Scott Morgan on Wed, 10/22/2008 - 10:29pmI’ve been severely remiss in failing thus far to cover the very important Prop. 5 in California. The Nonviolent Offender Rehabilitation Act (NORA) would save billions in incarceration costs by referring many drug offenders into treatment instead of prison. It’s a significant reform and the vested drug war interests are in full-blown panic mode trying to defeat it.
The drug czar is in California right now campaigning against it, and a who’s who of drug war profiteers have assembled a well-funded No on 5 campaign, branding Prop. 5 as "the drug dealer’s bill of rights." So who exactly is funding opposition to this commonsense drug treatment initiative?
DPA director Ethan Nadelmann explains via email:
Last week the powerful prison guards union contributed $1 million to the opposition campaign. That's on top of hundreds of thousands of dollars from Indian tribes/casinos with close links to law enforcement as well as $100,000 from the California Beer and Beverage Distributors.
Isn’t it obvious what’s going on here? The prison industry lobbies shamelessly to keep as many people in prison as possible. The alcohol industry defends the interests of the criminal justice infrastructure that protects their monopoly on legal intoxication. And yet the drug czar has the audacity to present George Soros’s support for reform as some kind of shady conspiracy. It’s just amazing, it really is.
It’s not even my style to go around accusing our opposition of unscrupulous drug war profiteering at every turn, but what else is there to say about this? It’s right in front of our face. It’s as transparent as it is hypocritical. And it can’t be allowed to succeed.
If you live in California, please vote YES on Prop. 5 and tell everyone you know to do the same.












