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Bill to Lessen Penalties for Some Drug Offenders Clears Kentucky Senate Panel

Location: 
KY
United States
A Kentucky Senate committee has approved legislation aimed at reducing the state’s fast-rising prison population by bolstering drug treatment and alternative sentences for non-violent offenders. The bill cleared the Senate Judiciary Committee without opposition. Supporters say the bill would produce net savings of $147 million over 10 years.
Publication/Source: 
The Gleaner (KY)
URL: 
http://www.courierpress.com/news/2011/feb/24/bill-lessen-penalties-some-drug-offenders-clears-k/

US Surgeon General Gives Okay for Needle Exchange Funding

Needle exchanges save lives -- ask the Surgeon General (Image via Wikimedia)
In a notice dated last Friday, but posted in the Federal Register Wednesday, US Surgeon General Regina Benjamin has determined that needle exchange programs constitute a form of drug treatment, which means that NEPS can qualify for funding under the Substance Abuse Prevention and Treatment block grant programs.

"[NEPs] are widely considered to be an effective way of reducing HIV transmission among individuals who inject illicit drugs and there is ample evidence that [NEPs] also promote entry and retention into treatment," Benjamin said in making the determination. "The Surgeon General of the United States Public Health Service has therefore determined that a demonstration syringe services program would be effective in reducing drug abuse and the risk that the public will become infected with the etiologic agent for AIDS."

The use of federal dollars to fund NEPS had been banned for 21 years until 2009, when a Democrat-controlled Congress undid it and President Obama signed the lifting of the ban into law. But moves are afoot in the Republican-controlled House of Representatives to put it back in place. The Surgeon General's notice will weaken that effort.

Washington, DC
United States

Neither Treatment Nor Jail for California Drug Offenders [FEATURE]

California voters opted for treatment over prison for drug possession offenders when they passed Proposition 36 with 61% of the vote in 2000. But now, five years after voter-mandated funding for treatment expired, the deficit-wracked state government is refusing to ante up, equally cash-starved counties are refusing to fund treatment locally, and drug offenders are ending up with neither treatment nor jail.

California State Capitol, Sacramento
When Prop 36 was fully funded by voter mandate, people who were convicted of first- or second-time drug possession offenses and decided to opt in were placed on probation with the requirement that they enter treatment. Treatment was funded by the state. But after that initial five-year mandate, and as California's budget crisis worsened, state funding has shrunk each year, and waiting lists for treatment for Prop 36 offenders began to grow.

That's even as the program has proven a success. According to research conducted by UCLA, Prop 36 has reduced the number of people imprisoned for drug possession by 40%, or 8,000 people, saving taxpayers $400 million in corrections costs this year alone. Overall, Prop 36 has saved the state more than $2 billion in corrections costs.

Perversely, Prop 36 treatment didn't get a penny of it. Once the mandated funding of around $120 million a year expired, treatment funding fell from a high of $145 million in 2007-2008 to $118 million in 2008-2009, $18 million in 2009-2010, and zero last year. Gov. Jerry Brown (D) has proposed zero funding for Prop 36 treatment again this year.

"Prop 36 has helped reduce the number of people incarcerated for drug possession by nearly half, but there are still 9,000 of them in prison," said Margaret Dooley-Sammuli, deputy state director for Southern California for the Drug Policy Alliance, the group that sponsored Prop 36. "Most were never convicted of any serious or violent offense, but are there because they have a drug problem and multiple offenses. This is the same population that we've successfully been diverting from prison in huge numbers with no negative impact on public safety or on the taxpayers."

Prop 36's mandates are still in effect even if no one is allocating money to fund them. The court must still offer probation with the requirement that the offender goes to treatment, but now, instead of going to treatment, offenders go on a waiting list, which has grown weeks- and months-long as funding shrank, and which now may become endless.

"If you don't really need drug treatment, that's not a problem," said Dooley-Sammuli, "but if you have a drug problem, you are being put at a serious disadvantage. You're not getting the treatment you're entitled to under Prop 36 and you're at greater risk of being found in violation of probation and incarcerated."

With the prospect of help from the state legislature grim, counties are scrambling to figure out what to do. None of the options look very good.

"Long before we had financial support, long before there were funds to subsidize persons involved in the criminal justice system in our treatment services, we were seeing people ordered into treatment by the courts. We have just reverted back to those days," Haven Fearn, director of the Contra Costa County Health Services Department's Alcohol and Other Drug Services Division, told the Oakland Tribune. "We still offer treatment services to those individuals, but if the treatment slots are unavailable at the time the court orders it, many of them will have to go onto a waiting list."

Santa Cruz County announced that will "phase out" Prop 36 by no longer monitoring its participants, and other counties have suggested they will send offenders to Narcotics Anonymous. But counties that do not provide Prop 36 treatment could face lawsuits from Prop 36 offenders facing incarceration after failing three drug tests, if those those counties did not provide the treatment required by Prop 36.

"The counties can't opt out," said Dooley-Sammuli. "This is a sentencing statute. No county can end Prop 36. What they are choosing to end is the providing of treatment."

If legislators were smart, they would pay for treatment, said Dooley-Sammuli. "We hope they will realize that the state is crazy to not provide counties the resources to deal more effectively and more cost-effectively with people convicted of drug possession. Probation and treatment are both cheaper than jail. Not only should treatment be funded," she said, "but we know where to find it: In the $450 million currently locked up in the prison budget to incarcerate drug possessors."

Dooley-Sammuli also suggested California make possession a misdemeanor, not a felony. "The legislature recognizes that drug possession isn’t an offense that warrants incarceration in state prison, and we're asking that they follow through with what that really means," she said.

"Not only do we save money by making that a misdemeanor, we're also talking about making an important difference in the lives of people convicted of drug possession," she continued. "Having a felony on your record makes a huge difference in employment opportunities, lifetime earnings, being able to vote or adopt children, having custody of your own children, and other damaging collateral consequences."

If California isn't going to imprison drug possessors and it isn't going to provide them treatment, then perhaps it should just go ahead and decriminalize drug possession. Until it does, though, drug possession remains a felony in the Golden State. It's just that the state by law can't send offenders to prison and by choice won't pay to send them to treatment.

CA
United States

Thai Government in Massive Campaign to Round Up Drug Users [FEATURE]

In a new wave of repression aimed at drug users, the government of Thailand has begun rounding up suspected "drug addicts" to be forced into "rehabilitation centers." That has health, human rights, and harm reduction groups expressing grave concerns, especially given previous Thai pogroms against drug users, like that in 2003, when tens of thousands were rounded up and more than 2,000 killed by police in summary executions.

Bangkok looks so modern, but some Thai drug policies are downright medieval. (Image via Wikimedia)
The official announcement from the National News Bureau of Thailand of the government's plans came only last week. "The Ministry of Interior has picked next week to get all drug addicts across Thailand clean," it said, with Deputy Permanent Secretary for Interior Surapong Pongtadsirikul as putting the number of untreated addicts at 30,000.

"During 20-27 February, 2011, drug abusers in Bangkok will be brought to the rehabilitation centers to get clean," the notice continued. "There will be those who are encouraged to receive treatment on their freewill and those who will be forced against their will. A rehabilitation camp will be open for addicts elsewhere in Thailand where a rehab center is scarce."

The announcement also said staff training would be carried out and a location for a "makeshift rehab center for drug addicts" will be selected. Chillingly, it added that "their names will be recorded in the database specifically designed for easy tracking and providing updates on their progress in the future."

The roundup has already begun in Bangkok, according to Karyn Kaplan of the Thai AIDS Treatment Action Group (TTAG). "Yes, people are being arrested right now," she said. "The police have quotas, they do this every few months, and this is just another excuse to round people up again. Even in our own small network of people who use drugs, people have been arrested, even workers at our harm reduction center."

While the Thai government officially embraces harm reduction principles -- it adopted harm reduction as a national strategy last fall -- it schizophrenically continues its crackdowns on drug users and sends them to "treatment centers" not worthy of the name.

"We don't call them treatment centers, because they aren't run by people who know how to treat people," said Kaplan. "They were originally set up because of prison overcrowding, but even though they have a policy that says drug users are patients, not criminals, they still use the police to sweep the streets and throw people into the system. But then the system says there is no room in prison, send them to the camps. The camps are in military bases and run by the military, and they aren't trained for that. The military is just housing them, and there are beatings and forced labor for no money. There is no due process," she said.

It is as if the Thai government's left hand doesn't know what its right hand is doing, said Kaplan. "The government at least pays lip service to harm reduction, but the Ministry of the Interior is not talking to the Narcotics Control Board, which sponsors the harm reduction policy," she said. "We have gotten unofficial statements from senior officials inside the Public Health Ministry saying they are going to speak with the board and the Interior Ministry about what Thailand might do more effectively."

In the mean time, the roundups continue.

The threat of the mass roundup of suspected drug users has led a coalition of Thai and international health, harm reduction, and human rights organizations to publicly air their fears that it will trample on human rights and could lead to the widespread abuses of drug users seen in other Thai anti-drug campaigns.

"These plans for mass detention and forced treatment raise considerable human rights concerns, especially given Thailand’s history of nationwide punitive and ineffective anti-drug campaigns," they said in an open letter to the Thai government. "There is no way for the government to implement a campaign to forcibly 'treat' tens of thousands of people who use drugs without widespread human rights abuses taking place."

Groups signing on to the letter include the TTAG, the International Harm Reduction Association (IHRA), the International Drug Policy Consortium (IDPC), the International Harm Reduction Program of the Open Society Institute, the Canadian HIV/AIDS Legal Network, and the International Network of People Who Use Drugs (INPUD).

"The mandatory rounding up and detention of people who use illicit drugs for the purpose of enforced treatment is not only a violation of their human rights, it's a violation of common sense -- enforced detention doesn't work," said INPUD's Jude Byrne. "Never has, never will! Communities need to look to the reason people are using drugs. Stop the systemic violence against the poor, minorities, people of different sexual persuasion and the unemployed. Rounding up the most marginalized people in the community will do nothing except provide jobs for the police and the people who run the detention centers. It will also drive INPUD's community underground so they are not able to access harm reduction information or equipment where it is available. The transmission of HIV and Hep C among the injecting drug using community will soar, and that is the real crime, not the use of drugs."

"This crackdown flies in the face of Thailand’s 2002 policy, which states that people who use drugs should be treated as patients, not criminals. There is nothing therapeutic about rounding up thousands of drug users and forcing them into military boot camps that fail to provide appropriate services and support," said Paisan Suwannawong, TTAG executive director and co-founder of the Thai Drug Users' Network.

While the Thai government refers to "drug addicts," its plans appear to include any drug users. Under the current plan, "occasional" users will be detained for one week, "continuous" users for two weeks, and those showing signs of drug dependence for 6 1/2 weeks (45 days).

"There are many reasons to be worried," said IHRA executive director Rick Lines. "Due process guarantees have been thrown out the window. What is the legal basis for mass detention? There are numerous examples of how forced detention in the name of drug dependence 'treatment' can lead to human rights violations and breaches of accepted principles of medical ethics," he continued. "What is more, many who do not need any form of drug dependence treatment will be herded into detention centers. Where is the clinical assessment?" he asked.

The activists also expressed concern about the temporary detention centers that will be set up outside Bangkok. They feared they would be operated not by health workers, but by police or soldiers, they said.

"We are profoundly concerned that these centers may be run by public security forces such as the police or paramilitary civil-defense organizations" said Kaplan. "It is dangerous and extremely disheartening given recent progress made in the country on injecting drug use and HIV. This can only serve to undermine those efforts in the long term. The immediate concern, however, is for the safety and well-being of those targeted."

But the medium term goal is to persuade the Thai government to embrace not merely the rhetoric of harm reduction, but the practice. That is going to take continuing pressure on the government, and the United Nations needs to step up, said Kaplan.

"We need more high-level action to push the government over to harm reduction," she said. "The World Health Organization and the UN Office on Drugs and Crime don't listen to civil society, so we need governments to step up. It is very important and progressive that Thailand is talking harm reduction, but to actually do it, they need a lot of help."

Thailand

White House Moves to Fund Needle Exchanges As Drug Treatment

The Obama administration has designated needle exchanges as a drug treatment program, allowing federal money set aside to treat addictions to be used to distribute syringes to intravenous drug users. Two years ago President Obama lifted the 21-year ban on federally funded needle exchange programs as a necessary evil to reduce the spread of HIV among illicit drug users. The new position, determined by the surgeon general, is that the states can receive federal funding for programs that hand out the syringes as a treatment. A 11-year-old study in the Journal of Substance Abuse Treatment that found that addicts who participated in needle exchanges were five times more likely to enter drug treatment.
Publication/Source: 
Washington Examiner (DC)
URL: 
http://washingtonexaminer.com/local/crime-punishment/2011/02/white-house-moves-fund-needle-exchanges-drug-treatment

Illinois Just Says No to Drug Treatment (Jails Will Remain Open for Business)

The idea that drug treatment is a more effective, more affordable alternative to putting drug offenders in prison is so popular these days that you can even find the President talking about it. Unfortunately, Illinois Governor Pat Quinn seems determined to prove everyone wrong:

The harsh reality of the budget cuts proposed by Illinois governor Pat Quinn will become very real for tens of thousands of residents, as the state prepares to kill all funding for its drug treatment and prevention programs.

Sara Howe, CEO of the Illinois Alcoholism and Drug Dependence Association told the News-Gazette that "80 percent of our clients on March 15 would be thrown out of care." That adds up to around 55,000 people who will lose their help battling drugs. [Huffington Post]
 

I'm sure police and prosecutors will be happy to help find them a place to stay.

Money Is Gone, but Proposition 36's Drug Treatment Mandate Remains

Location: 
CA
United States
Enacted by 61 percent of voters in November 2000 as Proposition 36, the law says first- and second-time nonviolent, simple drug possession offenders must be given the opportunity to receive substance abuse treatment instead of jail time. That "must" isn't a suggestion; it would take another voter-approved ballot measure to undo it. County officials who administer the state's treatment-not-jail program for certain drug offenders are struggling with a lack of funding that's not likely to improve, but advocates say ignoring the mandate simply isn't an option.
Publication/Source: 
Contra Costa Times (CA)
URL: 
http://www.contracostatimes.com/bay-area-news/ci_17438274?nclick_check=1

The 2012 Federal Drug Budget: More of the Same [FEATURE]

The Obama administration released its a href="http://www.whitehousedrugpolicy.gov/policy/12budget/fy12Highlight.pdf">proposed 2012 National Drug Control Budget Monday and, despite President Obama's statement just over two weeks ago that the federal government needed to "shift resources" to have a smarter, more effective federal drug policy emphasizing public health approaches, there is little sign of any resource shifting.

Drug War Autopilot and Co-Autopilot: ONDCP Director Gil Kerlikowske with President Obama
Although budget documents said the administration seeks "a balanced approach" of prevention, treatment, and domestic and international law enforcement, law enforcement continues to get the lion's share of federal drug dollars. Of the more than $26 billion allocated for federal drug control efforts, nearly 60% would go to "supply reduction" (read: domestic and international drug law enforcement and military interdiction) and only 40% would go to treatment and prevention.

And in a time when the clamor for deficit reductions and budget cuts grows louder by the day, the Obama administration drug budget actually increases by 1.3% over 2010. That means it could be in for a rough ride when congressional appropriations committees get their hands on it, although no Republican leaders have yet commented on it.

[Editor's Note: All year-to-year comparisons are to Fiscal Year 2010 because Congress still hasn't passed a FY 2011 budget.]

On the other hand, at least the administration is being honest. Since 2004, the Office of National Drug Control Policy (ONDCP -- the drug czar's office), which produces the drug budget, under drug czar John Walters had used accounting legerdemain to substantially understate the real costs of federal drug control by not including the drug component in the work of a number of different federal agencies. Using the understated figures, this year's drug budget would have appeared to have been only $15.3 billion instead of the more accurate $26.2 billion, with a false appearance of equality between supply-side and demand-side funding.

[Editor's Note: Bush-era drug czar John Walters stated directly, in response to a question I asked at an event, that they omitted budget items that included drug control but were not 100% about drug control -- claiming that made the numbers "more accurate," but not explaining how that made sense in any way. -DB]

"At least they finally got around to fixing the accounting problem," said Bill Piper, national affairs director for the Drug Policy Alliance."It took them five years after Congress told them to fix it, but at least they are showing the true cost of things, like incarceration."

But neither Piper nor representatives of other drug reform groups had much else nice to say about the budget. "It's very much like last year's budget, with most money going to ineffective supply side programs and not enough going to treatment," Piper said. "You have the president and the drug czar talking about treating drug abuse as a public health issue just weeks ago, but their budget continues to treat it as a law enforcement and military issue."

"I don't understand how the president can tell us with a straight face that he wants to treat drugs as a health issue but then turn around just a few weeks later and put out a budget that continues to emphasize punishment and interdiction," said Neill Franklin, executive director of Law Enforcement Against Prohibition and a former narcotics officer in Baltimore. "The president needs to put his money where his mouth is. Right now it looks like he's simply all talk and no game."

"I see this similarly to Obama's approach on needle exchange and crack sentencing -- the president supported those reforms verbally, but did nothing else to help them at first, even when he had the opportunity," said David Borden, executive director of StoptheDrugWar.org, publisher of this newsletter. "But when Congress was ready to take them on, the administration provided enough support to get them through. Obama has also supported the idea of shifting the drug budget's priorities, but again has done nothing whatsoever to make it happen. Maybe what he wants is for Congress to do the heavy lifting on this as well. If so, our movement's task is to propose a politically viable new version of the budget that does change the priorities, to build support for it in Congress, and then look for the administration to get on board."

"We're definitely going to be focused on cutting funding to the drug war during the congressional appropriations process," said Piper. "We're already meeting with both Republicans and Democrats to increase support for cutting funding to the Byrne grants, the media campaign, and other ineffective drug war programs. I don't think there are any sacred cows now, and our goal is to get the drug war on the chopping block along with everything else."

While there are individual programs that saw cuts in both the treatment and prevention side and the law enforcement side, only in the realm of international anti-drug assistance was there an overall decrease in spending. Although the budget funds foreign assistance at $2.1 billion, that is $457 million less than the 2010 budget, a decrease of 17%. The decrease results from the winding down of Plan Colombia funding, a shift from expensive technologies for Mexico to more programmatic aid, and the re-jiggering of some of the Afghanistan anti-drug spending to be counted as "rule of law" spending.

Proposed spending on interdiction is set at $3.9 billion, an increase of $243 million over 2010 levels. The departments of Defense and Homeland Security account for the bulk of that spending, which includes an increase of $210 million for border security and port of entry facilitation on the US-Mexico border.

But international anti-drug aid and interdiction spending are dwarfed by domestic drug law enforcement, which would gobble up $9.5 billion under the Obama drug budget, an increase of $315 million over 2010 levels, or 3.4%. Unsurprisingly, the single largest domestic law enforcement expenditure is $3.46 billion to incarcerate federal drug war prisoners.

[Editor's Note: In the budget, the authors refer to high federal corrections costs because of the high number of drug war prisoners -- they make up well over half the more than 200,000 federal prisoners -- as "a consequence of drug abuse," when those costs are more than anything a consequence of public policy decisions made over decades.]

The Office of Justice Grants program, which includes the Byrne Justice Assistance Grants used to fund anti-drug multi-jurisdiction law enforcement task forces, would be slashed substantially, from $3.52 billion in 2010 to $2.96 billion in 2012, but on the other hand, the Justice Department 2012 budget contains $600 million to hire and retain 4,500 new police officers.

"It's encouraging that they cut funding for the Byrne grants," said Piper, "but they're increasing funding for the COPS program. The money is still going to law enforcement, but cutting those grants is a step in the right direction."

There are a few law enforcement side losers in addition to the Byrne grants. The DEA budget is down slightly, from $2.05 billion in 2010 to $2.01 billion in 2012, but that reflects supplemental spending for the southwest border that was included in 2010. The High Intensity Drug Trafficking Area (HIDTA) program, which has evolved into a prime example of pork, saw its funding slashed to $200 million, down from $239 million.

And while overall treatment and prevention funding was up slightly, by 1% and 8% respectively, those increases are relatively slight, and there are some losers there, too. The Substance Abuse and Mental Health Services Administration (SAMHSA) Prevention grant program would decline from $565 million in 2010 to $550 million in 2012, Drug Free Communities funding would decline from $95 million to $89 million, and substance abuse treatment Medicaid grants to the states would decline from $3.78 billion to $3.57 billion.

On the plus side, spending for the Successful, Safe, and Healthy Students grant program would increase from $177 million to $267 million, Medicare treatment spending would increase by about 10% to $1.463 billion, Substance Abuse Treatment Block Grant funding would increase fractionally, and reentry funding under the Second Chance Act would increase from $30 million to $50 million.

The much criticized ONDCP youth media campaign would remain at $45 million, and the mostly praised drug court program would also remain unchanged, at $57 million.

All in all, despite slight changes in emphasis, the 2012 federal drug control budget is much of a muchness with previous drug budgets, despite the Obama administration's lip service about changing priorities and embracing the public health paradigm.

"Everyone wants to cut federal spending somehow," said Piper. "It seems that cutting the drug war would be an easy way to do that without cutting funds to the poor, to education, and other desirable social programs. Obama has said how sad he was to have to cut programs he likes, but he probably could have saved those programs by cutting funding for the drug war."

Washington, DC
United States

Washington State Drug Reformer Roger Goodman to Run for US Congress

Washington state Rep. Roger Goodman (D) has announced that he is seeking the Democratic Party nomination to challenge US Rep. Dave Reichert (R), a two-term congressman who represents Washington's 8th congressional district. Although he doesn't emphasize it heavily on his campaign web pages, Goodman is a champion of drug policy reform.

http://stopthedrugwar.org/files/rogergoodman.jpg
Roger Goodman
His reform record is long and impressive. An attorney, Goodman served as the executive director of the Washington State Sentencing Guidelines Commission in the late 1990s and was elected to the National Association of Sentencing Commissions. While with the state commission, he published major reports on prison capacity and sentencing policy, helped to increase availability of drug treatment in prisons, and shepherded 14 other sentencing-related bills through the legislature.

Goodman followed up the sentencing stint by leading the King County Bar Association's Drug Policy Project, which coordinated a groundbreaking initiative to take a critical look at drug laws and promote cheaper, more effective, and more humane drug policies. In doing so, he helped create an impressive coalition of over 20 professional and civic organizations that has spurred the legislature to reduce imprisonment of drug offenders and shift funding into drug treatment.

A state representative since 2006, Goodman is cosponsor of a marijuana legalization bill currently before the legislature, and is supporting a pending medical marijuana dispensary bill. Last session, he helped push through a 911 Good Samaritan drug overdose prevention bill, and is seeking similar legislation to help prevent alcohol overdoses. He continues to work for sentencing reform in the legislature as well.

While Goodman is aiming at the 8th congressional district, that could change because of redistricting. He told the Chronicle he could end up in one of three different districts, but said he was confident he could win in any of them.

(This article was published by StoptheDrugWar.org's lobbying arm, the Drug Reform Coordination Network, which also shares the cost of maintaining this web site. DRCNet Foundation takes no positions on candidates for public office, in compliance with section 501(c)(3) of the Internal Revenue Code, and does not pay for reporting that could be interpreted or misinterpreted as doing so.)

Kirkland, WA
United States

Bills Aim to Improve Drug Treatment, Cut Prison Costs Through Alternatives to Incarceration

Location: 
KY
United States
After months of study, Kentucky's General Assembly will begin considering proposals next week aimed at reducing the state's soaring prison population and thereby curbing costs through such things as better drug treatment and alternatives to incarceration. Two identical 135-page bills were filed in the Senate and House, the work product of a task force that examined a wide range of corrections issues.
Publication/Source: 
The Courier-Journal (KY)
URL: 
http://www.courier-journal.com/article/20110211/NEWS01/302110086/1037/SPORTS08/Bills-aim-cut-prison-costs-improve-drug-treatment?odyssey=nav|head

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