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Fact 10: Most non-violent drug users
get treatment, not just jail time.
There
is a myth in this country that
U.S. prisons
are filled with drug users. This assertion is simply not true. Actually,
only 5 percent of inmates in federal prison on drug charges are incarcerated
for drug possession. In our state prisons, its somewhat higherabout
27% of drug offenders. In New York, which has received criticism from
some because of its tough Rockefeller drug laws, it is estimated that
97% of drug felons sentenced to prison were charged with sale or intent
to sell, not simply possession. In fact, first time drug offenders, even
sellers, typically do not go to prison.
Most cases of simple
drug possession are simply not prosecuted, unless people have been arrested
repeatedly for using drugs. In 1999, for example, only 2.5 percent of
the federal cases argued in District Courts involved simple drug possession.
Even the small number of possession charges is likely to give an inflated
impression of the numbers. It is likely that a significant percentage
of those in prison on possession charges were people who were originally
arrested for trafficking or another more serious drug crime but plea-bargained
down to a simple possession charge.
The Michigan Department
of Corrections just finished a study of their inmate population. They
discovered that out of 47,000 inmates, only 15 people were incarcerated
on first-time drug possession charges. (500 are incarcerated on drug possession
charges, but 485 are there on multiple charges or pled down.)
In Wisconsin the
numbers are even lower, with only 10 persons incarcerated on drug possession
charges. (769 are incarcerated on drug possession charges, but 512 of
those entered prison through some type of revocation, leaving 247 entering
prison on a new sentence. Eliminating those who had also been
sentenced on trafficking and/or non-drug related charges; the total of
new drug possession sentences came to 10.)
Policy Shift to
Treatment
There has been
a shift in the U.S. criminal justice system to provide treatment for non-violent
drug users with addiction problems, rather than incarceration. The criminal
justice system actually serves as the largest referral source for drug
treatment programs.
Any successful
treatment program must also require accountability from its participants.
Drug treatment courts are a good example of combining treatment with such
accountability. These courts are given a special responsibility to handle
cases involving drug-addicted offenders through an extensive supervision
and treatment program. Drug treatment court programs use the varied experience
and skills of a wide variety of law enforcement and treatment professionals:
judges, prosecutors, defense counsels, substance abuse treatment specialists,
probation officers, law enforcement and correctional personnel, educational
and vocational experts, community leaders and others all focused
on one goal: to help cure addicts of their addiction, and to keep them
cured.
Drug treatment courts
are working. Researchers estimate that more than 50 percent of defendants
convicted of drug possession will return to criminal behavior within two
to three years. Those who graduate from drug treatment courts have far lower
rates of recidivism, ranging from 2 to 20 percent.
What makes drug
treatment courts so different? Graduates are held accountable to the program.
Unlike purely voluntary treatment programs, the addictwho has a
physical need for drugscant simply quit treatment whenever
he or she feels like it.
Many state governments
are also taking the opportunity to divert non-violent drug offenders from
prison in the hopes of offering treatment and rehabilitation outside the
penal facility. In New York, prosecutors currently divert over 7,000 convicted
drug felons from prison each year. Many enter treatment programs.
States throughout
the Midwest are also establishing programs to divert drug offenders from
prison and aid in their recovery. In Indiana, 64 of the 92 counties offer
community corrections programs to rehabilitate and keep first time non-violent
offenders, including non-violent drug offenders, out of prison. Non-violent
drug offenders participating in the community corrections program are
required to attend a treatment program as part of their rehabilitation.
In July of 2002,
the Ohio Judicial Conference conducted a survey of a select group of judges.
The results from the survey demonstrated that judges offer treatment
to virtually 100 percent of first-time drug offenders and over 95 percent
of second-time drug offenders. According to the survey, these percentages
are accurate throughout the state, no matter the jurisdiction or county
size. The Ohio Judicial Conference went a step further, reviewing pre-sentence
investigations and records, which demonstrated that 99 percent of
offenders sentenced to prison had one or more prior felony convictions
or multiple charges.
The assertion
that U.S. prisons are filled with drug users is simply untrue. As this
evidence shows, more and more minor drug offenders are referred to treatment
centers in an effort to reduce the possibility of recidivism and help
drug users get help for their substance abuse problems. The drug treatment
court program and several other programs set up throughout the United
States have been reducing the number of minor drug offenses that actually
end up in the penal system. The reality is that you have to work pretty
darn hard to end up in jail on drug possession charges.
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