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Historic Challenge to Drug War Looms at Cartagena Summit [FEATURE]

In just a couple of days, President Obama will fly to Cartagena, Colombia, to attend this weekend's Organization of American States (OAS) Sixth Summit of the Americas. He and the US delegation are going to get an earful of criticism of US drug policies from Latin American leaders, and that makes it an historic occasion. For the first time, alternatives to drug prohibition are going to be on the agenda at a gathering of hemispheric heads of state.

group photo at 2009 Summit of the Americas (whitehouse.gov)
It's been building for some time now. More than a decade ago, Uruguayan President Jorge Batlle became the first Latin American sitting head of state to call for a discussion of drug legalization. Former Mexican President Vicente Fox joined the call, albeit only briefly while still in office through some media quotes, much more frequently after leaving office in 2006. Honduran President Manuel Zelaya issued a similar call in 2008, but didn't move on it before being overthrown in a coup the following year.

Meanwhile, drug prohibition-related violence in Mexico exploded in the years since President Felipe Calderon called out the army after taking office in December 2006. As the savagery of the multi-sided Mexican drug wars intensified and the death toll accelerated, surpassing 50,000 by the end of last year, the call for another path grew ever louder and more insistent.

In 2009, a group of very prominent Latin American political leaders and public intellectuals led by former Brazilian President Henrique Cardoso, former Colombian President Cesar Gaviria, and former Mexican President Ernesto Zedillo formed the Latin American Commission on Drugs and Democracy, calling for a fundamental reexamination of drug policy in the hemisphere and a discussion of alternatives, including decriminalization and regulation of black markets. That was followed last year by the Global Commission on Drug Policy, which includes the Latin American ex-presidents, as well as former Switzerland President Ruth Dreiffus and other prominent citizens such as Richard Branson and former UN Secretary General Kofi Annan, echoing the Latin American Commission's call for reform.

As the commissions issued their reports, the violence in Mexico not only worsened, it spread south into Central America, where governments were weaker, poverty more endemic, and violent street gangs already well-entrenched. Guatemala, Honduras, and El Salvador, in particular, saw homicide rates soar in recent years, well beyond Mexico's, as the Mexican cartels moved into the region, a key transit point on the cocaine trail from South America to the insatiable consumers of the north.

Colombian President Juan Manuel Santos, the secretary of defense under his predecessor, Alvaro Uribe, and a man who knows well just what a sustained war on drugs can and cannot achieve, has been among the latest to pick up the torch of drug reform. Santos has made repeated statements in favor of putting alternatives to prohibition on the table, although he has been careful to say Colombia doesn't want to go it alone, and now he has been joined by another unlikely reformer, Guatemalan President Otto Perez Molina, a rightist former general who campaigned on a tough on crime agenda.

It is Perez Molina who has been most active in recent weeks, calling for a Central American summit last month to discuss alternatives to drug prohibition ranging from decriminalization to regulated drug transit corridors to charging the US a "tax" on seized drugs. That summit saw two of his regional colleagues attend, Costa Rican President Laura Chinchilla and Panamian President Ricardo Martinelli, but no consensus was achieved, no declaration was issued, and three other regional leaders declined to show up. But that summit, too, was a first -- the first time Latin American leaders met specifically to discuss regional drug law reform.

All of this has not gone unnoticed by policymakers in Washington. Vice-President Biden, Homeland Security Secretary Napolitano, State Department functionaries and US military brass have all been flying south this year, reluctantly conceding that drug legalization may be a legitimate topic of debate, but that the US is having none of it.

"It's worth discussing," Biden told reporters in Mexico City last month. "But there's no possibility the Obama-Biden administration will change its policy on legalization. There are more problems with legalization than non-legalization."

But along with discussing an end to prohibition, the Latin Americans have also offered up proposals between the polar opposites of prohibition and legalization. Options discussed have included decriminalization of drug possession and marijuana legalization to different approaches to combating the drug trade to maintaining addicts with a regulated drug supply. In Colombia, Santos has sponsored legislation to decriminalize possession of "personal dose" quantities of drugs, restoring a policy mandated by the country's Constitutional Court but undone by a constitutional amendment under President Uribe.

And it's not just Latin American political leaders. The calls for change at the top are reflected in a civil society movement for drug reform that has been quietly percolating for years. In fact, an international, but mainly Latin American, group of non-governmental organizations this week issued an Open Letter to the Presidents of the Americas calling for decriminalizing drug use and possession, alternatives to incarceration for non-serious drug offenses, a regulated market for marijuana, a public health approach to problematic drug use, alternative development, respect for traditional uses, and a more focused war on organized crime that is less broadly repressive than current models. In Mexico, a social movement led by poet Javier Sicilia, whose son fell victim to cartel violence, has called for an end to the violence and pressed Preident Calderon on drug reform.

After decades of US-imposed drug war, from US military operations in Bolivia in the 1980s to the multi-billion dollar Plan Colombia, with its counterinsurgency and aerial herbicide spraying, to the blood-stained Mexican border towns and the drug gang-ridden slums of Rio de Janeiro, Latin America is growing increasingly ready to strike out on a different path.

That's what awaits President Obama and the US delegation in Cartagena. The most vibrant discussions may well take place in hallways or behind closed doors, but the US is now faced with yawning cracks in its decades-long drug war consensus.

Joe Biden with Mexican Pres. Calderon last month (whitehouse.gov)
"It's very clear that we may be reaching a point of critical mass where a sufficient number of people are raising the questions of why not dialog on this issue, why not discuss it, why peremptorily dismiss it, why does the president laugh when the subject of drugs is brought up, is he so archly political that it becomes a sort of diabolical act to seriously discuss it, why isn't some new direction being ventured forth?" said Larry Birns, executive director of the Council on Hemispheric Affairs.

"It seems the public is approaching the point where it has become credible to say quite frankly that the drug war hasn't worked. The real menace to society is not so much legalization but the failure to confront the hard fact that after decades of effort and hundreds of billions of dollars, a successful prohibition strategy has not been created, nor is there any likelihood of it being created," he said.

"This is the first major gathering of heads of state at which alternatives to prohibitionist drug control policies, including decriminalization and legal regulation of currently illegal drugs, will be on the agenda," said Ethan Nadelmann, head of the Drug Policy Alliance. "Arguments that were articulated just five years ago primarily by intellectuals and activists, and three years ago by former presidents, are now being advanced, with growing sophistication and nuance, by current presidents. There is now, for the first time, a critical mass of support in the Americas that ensures that this burgeoning debate will no longer be suppressed."

"A lot of countries don't want to do the US's dirty work anymore -- enforcing the prohibitionist policies that are unenforceable and hypocritical," said Laura Carlson, director for Latin America rights and security in the Americas program at the Center for International Policy. "Everybody knows that it's impossible to wipe out the illicit drug business without making it legal, and most people know that the efforts aimed at ostensibly doing that are not 100% honest and certainly not effective. Many Latin American countries don't want the degree of US intervention in their national security that the drug war entails either," she noted.

"Having said that, the US government is determined to put down any talk of alternatives and particularly alternatives that begin with regulation rather than prohibition. The recent visits of Napolitano, Biden, [US State Department Assistant Secretary for the Bureau of International Narcotics and Law Enforcement Affairs William] Brownfield and the military leaders all carried that message," the Mexico City-based analyst continued. "Small and dependent countries -- El Salvador is the example here, after reversing its position on legalization -- are afraid to stand up to the US on this, and progressive countries don't seem to want to get involved, both because they find the issue a political hot potato and because they are focusing efforts on strengthening alternative organizations to the OAS."

"I think the US strategy of Brownfield and the State Department will be to say that legalization was brought up and rejected by the Latin American leaders," offered Sanho Tree, director of the Drug Policy Project at the Institute for Policy Studies. "They will use dichotomous rhetoric, they will try to maneuver the discussion into either prohibition or heroin in vending machines, but this is about the whole spectrum of regulatory possibilities. That's what we need to be talking about instead of that false dichotomy."

Still, to even deign to discuss policy alternatives to prohibition is a notable step forward for the US, even if it is only to dismiss them, Nadelmann argued.

"The shift in the public posture of the US government -- from rejecting any discussion of legalization to acknowledging that 'it is a legitimate subject of debate' -- is significant, notwithstanding the clear caveat by the Obama administration that it remains firmly opposed to the notion," he noted. "That said, it is safe to assume that the US government will do all it can to suppress, ignore, distort and otherwise derail the emerging dialog.  US officials are handicapped, however, by the remarkable failure of government agencies over the past thirty years to contemplate, much less evaluate, alternative drug control strategies. They also must contend with the fact that the United States has rapidly emerged -- at the level of civil society, public opinion and state government -- as a global leader in reform of marijuana policies."

The discussion on drug policy at Cartagena isn't taking place in a vacuum, and there is at least one other issue where the US finds itself at odds with its host and most of the region: Cuba. The US has once again insisted that Cuba not be allowed to attend the summit, and President Santos reluctantly acceded, but the whole affair leaves a sour taste in the mouth of Latin Americans. Ecuadorian President Correa is not coming because of the snub, and the issue only plays into hemispheric discontent with Washington's war on drugs.

"The US won the day in persuading Santos not to invite Cuba," said Birns, "but the political cost of that action is high, and the whole drug issue is twinned to it, not because Castro has an enlightened position on drugs, but because of anti-Americanism in the region. This means Cartagena is the city where a lethal blow against the status quo will be achieved."

"The United States is not going to listen," said Birns, "but this era of non-discussion of drug legalization and refusal to countenance the possibility of dialog on the issue may be coming to an end. More and more people who aren't known as drug reform crusaders are coming forth and saying it's not working, that we need another approach, and that's probably decriminalization and legalization. We're very much closer to liberation on this issue than we've ever been before."

"Liberation" may now be within sight, but diplomatic dissent is not yet close to being translated into paradigmatic policy shifts. Whatever discussion does take place in Cartagena this weekend, don't expect any official breakthroughs or even declarations, said Carlson.

"I am not optimistic about there being any formal commitment, or perhaps even mention, of legalization per se," she said. "The implementation group for the Sixth Summit is already working on the final declaration and it contains a section on 'Citizen Security and Transnational Organized Crime.' I think that as far as it will go is to state that transnational organized crime is a growing problem and that the nations of the Americas agree to work together, blah, blah, blah," she predicted.

"The United States will reiterate its 'shared responsibility' and commitment, but will not mention the need to change a failed model," Carlson said. "There will be more rhetorical emphasis on social programs for 'resilient communities' and especially on police and judicial reform, although the former will not be reflected in what are largely military and police budgets. I think the best we can hope would be a mandate for a policy review and a commitment to continue to discuss alternatives. The specific proposals to legalize transit, to create a regional court for organized crime cases and US payment for interdictions will not likely be resolved."

"This is a long process, not an immediate objective," said Tree. "In Central America, it's going to take a year or two of thoughtful -- not sensational -- media coverage. When people see anarchy, they want order. With a more thoughtful dialog, we can begin to get traction."

"It is too soon to predict that this Summit of the Americas represents any sort of tipping point in global or even regional drug control policy," Nadelmann summed up. "But the odds are good that this gathering will one day be viewed as a pivotal moment in the transformation from the failed global drug prohibition regime of the twentieth century to a new 21st century global drug control regime better grounded in science, health, fiscal prudence and human rights."

We'll see what happens this weekend, but at the very least, the taboo on serious discussion of reforming the drug prohibition regime at the highest levels has been shattered. Look for a report on the summit itself next week.

Cartagena
Colombia

Pat Robertson Demands Marijuana Reform and Blames the Drug War on Liberals

Update: Robertson has now made it official -- he's for legalization of marijuana, and supports the Colorado and Washington initiatives: NYT

For the second time now, televangelist Pat Robertson has gone off on our drug laws in a big way. This time he has an entire segment on his Christian Broadcasting Network program attacking over-incarceration and generally saying cool stuff that you never thought you'd hear on a hardcore Christian cable channel (except the liberal-bashing, of course). You can check it out from 20:40 to 29:25:

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For the video-impaired, our friends at LEAP tapped out the transcript. Here's a taste:

We here in America make up 5% of the world's population, but we make up 25% of jailed prisoners...

Every time the liberals pass a bill -- I don't care what it involves -- they stick criminal sanctions on it. They don't feel there is any way people are going to keep a law unless they can put them in jail.

I became sort of a hero of the hippie culture, I guess, when I said I think we ought to decriminalize the possession of marijuana.

I just think it's shocking how many of these young people wind up in prison and they get turned into hardcore criminals because they had a possession of a very small amount of controlled substance. The whole thing is crazy.

It is crazy. It's also crazy that so many of the politicians on the left who've backed this idiocy did so only because they were afraid people like Pat Robertson would accuse them of sympathizing with hippies. We've reached a turning point in the drug war debate where we're no longer arguing reform vs. non-reform. Every voice in the discussion of U.S. drug policy is speaking of reform, with the only difference being that people like Pat Robertson are serious about it, and people like Barack Obama are not. Weird, but worth watching.

Drug Policy Reform Gets Standing Ovation in New Jersey Statehouse

https://stopthedrugwar.org/files/christie.jpg

Something amazing happened in New Jersey yesterday. It's not the kind of news that's likely to make national headlines, but I think it says a lot about where our nation is heading when it comes to our attitudes about drug use and the criminal justice system.

The highlight came after Christie called for a revolution in New Jersey’s approach to the drug war that would divert non-violent addicts from prison and put them in treatment programs instead. And he did it with characteristic Christie style, in big bold strokes.

"I am not satisfied to have this merely as a pilot project," the governor said. "I am calling for a transformation of the way we deal with drug abuse and incarceration in every corner of New Jersey." [NJ.com]

Those are strong words, especially from a man who many believe represents the future of the republican party. But more impressive than Gov. Christie's words was the way they were received:

[Former Gov.] Jim McGreevey, sitting perhaps 10 feet from Christie, jumped out of his seat to try to start a standing ovation.

And it worked. Within five or six seconds, the entire Assembly chamber, Democrats and Republicans, followed the lead of the humbled former governor, giving sustained applause from their feet.

"Addiction touches so many lives, and destroys one family at a time," McGreevey says. "The governor stated the obvious."

And yet much of what Gov. Christie has to say about drug policy is far from obvious to the leadership of his own party. In a noisy and high-profile republican presidential primary season, only Ron Paul has lent his voice to the message of a more measured and sensible approach to drug policy.

Meanwhile, the runaway front-runner, Mitt Romney, has achieved what many are calling an early lock on the nomination, and he did so without sharing any actual ideas about drug policy at all. The powerful right-wing political infrastructure that now rallies around Romney is oblivious to this conspicuous intransigence, even as he sets his sights on a showdown with Obama, where the youth vote is going to matter and concerns about issues ranging from marijuana reform to over-incarceration are increasingly resonant.

That's why it's just so weird to see a roomful of politicians clapping for drug policy reform, while so few have done anything to market that message to their supporters. If they don't yet understand that we're clapping too, we need to start clapping that much louder.

(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.)

Poland "Treatment Not Jail" Drug Law Now in Effect

An amendment to Poland's drug law that allows prosecutors to divert drug users to treatment instead of prison went into effect last Friday, PolskieRadio reported.

This crack smoker could get treatment instead of jail under a new Polish law (image via wikimedia.org)
The amendment lets prosecutors bypass the courts in a "treat, not punish" approach to drug use when confronted with people arrested in possession of small amounts of drugs. A person arrested with personal use quantities of drugs can now be immediately referred to a therapist, and prosecutors are compelled to gather information on the extent of the person's drug problem.

National Bureau for Drug Prevention spokeswoman Barbara Wilamowska told PolskieRadio she believes the new approach will result in fewer prosecutions.

Agnieszka Sieniawska, head of the Polish Drug Policy Network (PSPN), said the new system will be quicker, cheaper and more efficient.

But while the amendment represents a kinder, gentler approach to drug users, that same law increases penalties for drug trafficking.

The amendment comes into effect a month after two Polish Nobel Prize laureates, former president Lech Walesa and poet Wislawa Szymborska, signed a statement calling for lighter punishments for those arrested for personal use.

Meanwhile, a newly formed liberal political party, Palikot's Movement, is calling for the full legalization of soft drugs. It won a surprising 10% of the vote in the October general election. But Prime Minister Donald Tusk, head of the current coalition government, has said that his Civic Platform Party opposes legalization.

Poland

Fixing Our Drug Policy Will Require a Hatchet, Not a Scalpel

I have a new piece at Huffington Post discussing recent claims from the Drug Czar's office that the Obama Administration is working hard to "reform" our drug policy. We've reached an interesting moment in the debate when both sides are wrapping themselves in the flag of reform. 

New Jersey Governor Chris Christie Slams the War on Drugs

Last week’s joint statement from two state governors calling for the rescheduling of marijuana overshadowed another big story: NJ Gov. Chris Christie’s call for an end to the War on Drugs.

Word for word, this is hardly the most scathing indictment of the drug war we’ve ever heard. But it’s big news nevertheless, and for a few different reasons.

Christie is a highly-regarded politician that a quite a few people desperately wanted to see in the republican race for the presidency. He instantly climbs towards the top of any current list of prominent republican political figures favoring drug policy reform. He’s taken seriously in the press, and would have made big headlines with this announcement, were it not for the unfortunate timing.

Moreover, Christie uploaded this statement to YouTube himself. It’s got his name on it, which means the Governor’s office is proud of the position he’s taking and wants the public to know exactly what Chris Christie thinks about the drug war. He understands the broad and growing public support for drug policy reform, and he’s ready to play a role. That’s a promising perspective from a politician who many people think is a potential future republican president.

It’s a shame his comments didn’t get more play, but I have a feeling Chris Christie’s frustration with the War on Drugs will remain on display in the years to come, and as our political culture increasingly comes to grips with evolving public attitudes, he surely will not be the only big name joining the debate.

Gingrich Would Execute Mexico Drug Cartel Leaders

Republican presidential nominee contender Newt Gingrich said Saturday he would favor the use of the death penalty against Mexican drug trafficking organization leaders. The comments came in an interview with Yahoo News in which the former Georgia congressman and Speaker of the House also called medical marijuana in California "a joke" and suggested he would try to make life miserable for US drug users as a means of driving down drug use rates.

GOP presidential contender Newt Gingrich (wikimedia.org)
Gingrich is now a leading contender for the Republican nomination. According to Real Clear Politics, which averages all polls, Gingrich is in first place nationally with 23.8%, ahead of his closest contender, Mitt Romney, who has 21.3%.

"My general belief is that we ought to be much more aggressive about drug policy, and that we should recognize that the Mexican cartels are funded by Americans," Gingrich said.

When asked if he stood by his 1996 legislation that would have given the death penalty to drug smugglers, he replied in the affirmative.

"I think if you are, for example, the leader of a cartel, sure," he said. "Look at the level of violence they've done to society. You can either be in the Ron Paul tradition and say there's nothing wrong with heroin and cocaine or you can be in the tradition that says, 'These kind of addictive drugs are terrible, they deprive you of full citizenship and they lead you to a dependency which is antithetical to being an American.' If you're serious about the latter view, then we need to think through a strategy that makes it radically less likely that we're going to have drugs in this country."

Gingrich suggested that Singapore, which imposes corporal punishment for minor offenses and the death penalty for drug offenses, was a role model. "Places like Singapore have been the most successful at doing that," Gingrich said. "They've been very draconian. And they have communicated with great intention that they intend to stop drugs from coming into their country."

For Gingrich, being aggressive on drug policy also "means having steeper economic penalties and it means a willingness to do more drug testing."

He elaborated on what he had in mind in response to another question: "I think that we need to consider taking more explicit steps to make it expensive to be a drug user," he said. "It could be through testing before you get any kind of federal aid. Unemployment compensation, food stamps, you name it."

Gingrich said that he wasn't a fan of imprisoning drug users and instead suggested that they be subjected to forced drug treatment. "I think finding ways to sanction them and to give them medical help and to get them to detox is a more logical long-term policy," he said.

Regarding medical marijuana, Gingrich, said he would continue current federal policy "largely because of the confusing signal that steps towards legalization sends to harder drugs [sic]." He also rejected letting states set their own policies "because I think you guarantee that people will cross state lines if it becomes a state-by-state exemption."

He also threw in a gratuitous jab at California's medical marijuana law. "I think the California experience is that medical marijuana becomes a joke," he said. "It becomes marijuana for any use. You find local doctors who will prescribe it for anybody that walks in."

GOP contenders Texas Congressman Ron Paul and former New Mexico Gov. Gary Johnson have taken firm anti-prohibitionist stands on drug policy, but they are finding little support among voters for a party that claims to be for limited government and states' rights. Newt Gingrich's comments on drug policy are only the latest indication that for most Republicans, continuing to fight the war on drugs trumps other party principles.

(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.)

Oklahoma House Passes Corrections Reform Bill

The Oklahoma House of Representatives Tuesday overwhelmingly approved a bill designed to relieve prison overcrowding. The bill, House Bill 2131, would substantially change the way Oklahoma sentences and paroles nonviolent offenders and it is estimated that it will save taxpayers tens of millions of dollars in coming years if it is enacted into law.

Who would have thunk it? Corrections reform is moving in Oklahoma. (Image via Wikimedia)
The bill changes "default" sentencing from consecutive to concurrent terms, which would substantially reduce the length of prison stays. Under the bill, instead of automatically sentencing offenders to consecutive terms, judges or prosecutors must specify that the terms must run consecutively.

The bill also changes the parole process by eliminating the need for the governor to approve parole for nonviolent offenders. Currently, Oklahoma requires the governor to sign off on every parole. Under the bill, if the governor does not act on a nonviolent offender parole request within 30 days, parole will be granted.

The bill also would expand eligibility for community sentencing programs and GPS monitoring for certain low-risk offenders.

"These changes would result in the better use of taxpayer dollars, increase in public safety and more appropriate consequences for low-risk offenders," said House Speaker Kris Steele (R). Changing default sentencing unless a judge or district attorney objects means "the standards will be that the sentences will run concurrently and that will ultimately save money," Steele said.

The bill passed 87-4 with no debate and no questions. It now heads to the state Senate.

Oklahoma City, OK
United States

Kentucky Cuts Drug Sentences [FEATURE]

Kentucky has become the latest state to enact sentencing reforms in a bid to rein in skyrocketing corrections costs. Gov. Steve Beshear (D) last Thursday signed into law HB 463, a comprehensive corrections bill that will save the state millions of dollars a year, in part by sentencing drug possession offenders to probation instead of prison.

Kentucky Gov. Steve Beshear (Image courtesy Gage Bradshaw)
The bill was based on a multi-year collaboration between the Pew Center on the States Public Safety Performance Project and state officials. State officials and legislators working with the project convened a Task Force on the Penal Code and Controlled Substances Act and issued a January report that was the basis for the legislation.

"This overhaul of Kentucky's penal code is the result of a multi-year effort involving members of the executive, legislative and judicial branches," said Gov. Beshear. "Over the last three years, we've made headway with aggressive efforts to bring common sense to Kentucky's penal code, and our prison population has dropped each of the past three years. House Bill 463 helps us be tough on crime, while being smart on crime."

The new law calls for sentences of "presumptive probation" for small-time drug possession offenders, meaning they will get probation unless judges can offer a compelling reason why they should go to prison. It also calls for drug treatment to be made available for drug offenders. It reduces penalties for small-time drug dealing while increasing penalties for large-scale trafficking. And it shrinks "drug-free" zones from 1,000 yards to 1,000 feet.

The law also reduces sentences for small-time drug dealing. Sales of less than four grams of cocaine, two grams of heroin or methamphetamine, or 10 dosage units of other controlled substances will be reduced from a Class C felony to a Class D felony.

"Today, if you sell half a gram of rock cocaine, that's a Class C felony," said Van Ingram, director of the Kentucky Office of Drug Control Policy. "When the new law goes into effect in 90 days, you will have to sell more than four grams to get Class C. That means instead of a five-to-ten-year sentence, you'll be looking at one-to-five," he told the Chronicle.

The new law lowers possession of less than an ounce of marijuana from a Class A misdemeanor worth up to a year in jail to a Class B misdemeanor with a maximum sentence of 45 days in jail, if any jail sentence is imposed.

It also requires reforms of the probation and parole system. It will create "graduated sanctions" for parole violators, allowing authorities to impose short jail stays instead of sending them back to prison for technical violations. And it removes drug offenses from consideration when judges impose sentencing enhancements based on previous felony convictions.

Roderer Correctional Complex
Although crime rates have remained steady or dropped, Kentucky's prison population has increased fourfold in the past two decades, from 5,000 in 1990 to more than 20,000 now. Drug offenders account for 25% of the prison population, but 38% of inmates admitted since 2000. The state's corrections budget this year is $460 million, and Kentucky is set to save nearly that much over the next decade by implementing the new sentencing structure.

"Of all the problems I inherited, this is one of the most complex," Gov. Beshear said. "In early 2008, I directed Justice & Public Safety Secretary J. Michael Brown to convene the Criminal Justice Council and report back on recommendations for curbing the rising prison population. That report, and the work of subsequent work groups, provided the groundwork for much of these reforms."

"This bill takes major steps to both decrease recidivism while addressing the unique problems Kentucky faces with substance abuse in ways that absolutely enhance public safety," said Brown.

"House Bill 463 is landmark legislation not only for the positive changes it proposes for our penal code, but also for the manner in which it became law," said Speaker Greg Stumbo. "Anytime you can bring together as many diverse groups as this bill did, and have them agree, you're on to something special. Rep. John Tilley and Sen. Tom Jensen did a tremendous job in getting this bill to the finish line."

"It is the most significant and meaningful piece of legislation that I have had the privilege to work on since being elected to the state legislature," said Sen. Tom Jenson, chairman of the Senate Judiciary Committee. "I am pleased that the Task Force on the Penal Code and Controlled Substances is going to continue studying these issues. We have gotten off to a great start and we need to continue working to make things better where we can."

"I'm pleased we're making progress in tackling the problems facing our penal code," Chief Justice of Kentucky John D. Minton Jr. said. "With all three branches involved in this deliberative process, I'm confident that the outcome will be positive for Kentucky."

"Senator Jensen, Representative Tilley, Senate President Williams and House Speaker Stumbo worked across party lines to look at the data and forge a comprehensive package of reforms that will get Kentucky taxpayers a better public safety return on their corrections dollars," said Richard Jerome, project manager of the Pew Center on the States Public Safety Performance Project. "The legislation employs research-based strategies to reduce recidivism, hold offenders accountable and maximize the state's limited financial resources."

Sentencing reforms are becoming increasingly popular as cash-strapped states face ever increasing budget pressures. South Carolina, Colorado, New York, and Texas are among states that have reformed sentencing and other corrections practices to lower imprisonment rates and save money. Similar efforts are pending in Delaware, Florida, Indiana, Massachusetts, Ohio, and Pennsylvania.

Sentencing reforms don't end drug prohibition, but they do somewhat reduce its inhumanity and its costs to society, as well as to the people busted for drug offenses. That's a start.

Lexington, KY
United States

Florida Taxpayers Spent Hundreds of Millions Jailing Nonviolent Drug Abusers, Treatment a Less Expensive and More Effective Method

Location: 
FL
United States
Officials across Florida are realizing that in situations where drug offenders are non-violent it would be a better use of limited resources to send them to treatment instead of prison. But, there aren't enough treatment programs and Florida currently houses 19,414 inmates for non-violent drug offenses costing taxpayers $377,971,166 a year. Mary Lynn Ulray, the executive director of a Drug Treatment Program DACCO, says she thinks the legislature is starting to understand there is a cost benefit from drug treatment. Ulray says the agency's 6 month residential program has close to a 70 percent success rate in six months at a cost of $10,000 compare that to the average 6.4 year sentence costing taxpayer $124,601 per offender.
Publication/Source: 
WTSP (FL)
URL: 
http://www.wtsp.com/news/local/story.aspx?storyid=176960&catid=34

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, 2015 Drug War Killings, 2016 Drug War Killings, 2017 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Pill Testing, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Kratom, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psilocybin / Magic Mushrooms, Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School