Drug Offenders - Treat Them Or Build More Prisons?

As you have probably read more than once,unfortunately also had an alcohol problem. Let's call
offenders with some connection to drugs make uphim Sam, (not his real name), for ease of relating the
the greatest percentage of people in our prisons.story.
Often, the criminal commits his/her crime either underOne day, at Sam's place of employment, a diner,
the influence of drugs, or to gain money to support a(which happened to be in a different county than
drug habit.where he lives), a customer he had befriended,
But many of the prisons in the U.S., prison populationasked him if he knew where he could "...get a joint".
has doubled or tripled over the last 20 years. AreSam, an ever-obliging, friendly type, said, "I've got
people committing more crimes? In fact, nationalsome", and the customer gave him $5 for one
statistics show violent crimes on the decline by overcigarette.
30%. What, then, accounts for this huge increase?As fate would have it, that same customer was
You can blame a good part of it directly on our `getcaught by the police, later, smoking marijuana. At
tough on drugs' policy. The increasing incidence ofthat time, (this was around 1995), the police in that
drug use, the death of youths by overdose, (andarea were trying to break up a fairly large marijuana
also some very famous persons), and the connectiondistribution `ring'. They told this man that he would
of drugs with other crimes, have created thisnot get `busted' if he would set them up with the
mindset of `lock `em up and throw away the key'.person who sold him the `joint'.
This phenomenon spread across the country. PrisonsShortly thereafter, the `customer' brought an
were being built in record breaking numbers. Privateundercover police to the diner. He said his `friend'
industry was getting on the bandwagon, erectingwanted a joint, and asked Sam if he had some
prisons and bidding on housing, (or warehousing),marijuana. Sam was a little leery about `selling' a joint
offenders.to a stranger, but his friendly customer assured him
And the bill for this is getting higher and higher. Butthe guy wasn't a policeman. So, the joint passed
what are we to do? Ignore the problem? Lethands.
uncontrolled drug trade flourish?The undercover policeman then said he would like to
Drug trade wouldn't be a lucrative business withoutbuy more.
clientele. If we throw the `buyer', (user), into jailSam said he knew where to get it, and they agreed
without significant rehabilitation programs while he/sheto meet at Sam's house on another day. It
is there, we're just taking the customer out of thehappened, and a small bag of marijuana passed
marketplace temporarily.hands.
Another unproductive aspect of locking the user up isThen the handcuffs came out. Sam was arrested,
that the person may have a family and children he isand offered the same deal: "Tell us who your supplier
supporting. (I'll stick to the pronoun `he' for most ofis, and we'll let you go."
this article, as we have many more men imprisonedAs is so often the case, the small fry won't `squeal'
than women-still recognizing that the drug offenderon the big fish, and Sam's loyalty cost him a jail term.
can be a woman, too.) While he is incarcerated, whoWhat kind of a penalty is associated with this crime
is supporting that family? Too often, we, the public,of Sam's? Bad luck for Sam-he had sold marijuana to
are. You say, it's worth it?an undercover policeman in two counties! (Just by
It costs $20,000.00 to $30,000.00 a year to house andriving a short distance down the road from his job
inmate, depending on the state. What do you think ato his home!)
good drug rehabilitation program would cost?In county where he sold to the policeman, he pled
There are some drug rehabilitation programs in someguilty and was sentenced to one to two years. While
prisons, with follow-up after the inmate is on parole.in county jail, he was taken to court in the second
The program is often limited to a specific number ofcounty, and got another sentence of up to 7 years,
inmates and staffing of the program is constrainedsuspended, if he successfully served his first term
by budgetary concerns. After the inmate hasand didn't violate his parole conditions.
completed what is often an initial 60 day program, heThe end of the story is that he spent 8 months in
is back living with `general population', not necessarilycounty jail, and 16 more months on probation.
the best place for someone who is undergoingThere was absolutely no `treatment',
rehabilitation trying to accomplish a mindset change!rehabilitation-nothing in county jail. Occasionally, there
Private rehabilitation drug programs are expensive-inwas an AA (Alcoholics Anonymous) meeting, but
house programs are well over $100/day. But dividesometimes the facilitator didn't show up. (I'm happy
that into the $30,000.00 per year housing costs atto say that Sam came out of the ordeal `clean', and
the prison, and you could have many, many days ofhas been clean and sober and an upright citizen for
intense treatment!the last 7 years, in spite of the system!) This case
So, what's the answer? Do we keep building morewas in New Hampshire.
prisons? Do we keep taking more breadwinnersBack to the alternatives:
away from the family? Do we keep creating moreArizona established a program 4 years ago, instigated
felons, with the monumental consequences ofby a citizen's initiative! In Arizona, people convicted of
wearing that label? (A convicted felon nearly alwaysdrug possession have their sentences suspended, are
has serious difficulties finding decent employmentplaced on probation and assigned to a drug
once he is released. Today, in healthcare- hospitalstreatment or education program. Those who violate
and nursing homes are prohibited by law of hiringprobation may be ordered by the court to participate
felons. Most countries won't let a felon in for a visitin intensified drug treatment, community service,
vacation. And the list goes on.)home arrest, etc.-anything short of prison. Their
California took a bold and innovative step. Theirstatistics showed the persons were getting off
Proposition 36, passed by 61% of the electorate,drugs.
imposes treatment rather than imprisonment forIn 1998, the state saved $5 million in prison costs
first-and many second -time drug possessionwhile spending $2.1 million on substance abuse
offenses. The conviction is then automaticallytreatment.
removed from the person's record after he or sheIn Nevada, a pilot program is releasing 150 inmates six
completes treatment.months early on the condition that they participate in
California expects to divert as many as 36,000a court supervised treatment program for at least a
offenders from prison annually, with this new law.year.
Their legislative analyst's office estimates that theBoth Nebraska and Ohio are considering similar
program could save California between $200-$250proposals to those of California and Nevada.
million every year!In Utah, drug offenders make up 22% of the prison
One challenge facing California is that there aren'tpopulation. They are looking at options such as day
nearly enough drug treatment centers to handle thereporting centers, court supervised treatment
expected influx of diverted offenders. Drugprograms and electronic monitoring.
rehabilitation centers are just as scarce in virtuallyPossessing marijuana is still a criminal offense in most
every state.states. Are we filling our prisons with users who offer
Let's get off the statistical `train' for a moment, andno real danger to society? It's time to seriously look
let me relate a specific case of which I'm personallyat alternative options to locking up drug users. We
aware.could save a lot of money, keep families together,
A 31 year old man, living in one county, was aand with good rehabilitation programs in place, ensure
marijuana user. He was gainfully employed, andthat many users would not re-offend.