Change ahead for drug cases

The Houston Chronicle ^ | June 27, 2003 | RACHEL GRAVES

[Pern]

Thousands of low-level drug offenders in Texas will now go to treatment programs instead of state jails, a fundamental change in prosecution that was sparked by inequities in sentencing in Harris County.

The Houston Chronicle reported in December that local prosecutors sent 35,000 small-time drug offenders to state jails or prisons in the past five years, a wildly disproportionate number for the county's population.

During hearings in Austin this spring, state lawmakers grilled a Harris County prosecutor over the imbalance.

The bill, one of 1,300 that Gov. Rick Perry signed into law after the close of the legislative session earlier this month, mandates probation and substance-abuse treatment instead of jail for first-time felons caught with less than a gram of most drugs. It was sponsored by Rep. Ray Allen, R-Grand Prairie.

The law, which goes into effect Sept. 1, is predicted to lower the state jail population by 2,500 people and save the state $30 million over the next five years.

Local officials applauded the law, even as they realized it would leave them scrambling to establish more treatment facilities. Supporters said it will keep drug addicts from turning into hardened criminals.

"You can save money, save lives, ensure public safety," said state Sen. John Whitmire, D-Houston. "It's a great investment and return on the dollar to keep people from becoming permanent problems for the state of Texas."

Whitmire said he is working with the Texas Department of Criminal Justice to find money to establish a residential substance-abuse treatment facility in Harris County. The Legislature also has mandated that Harris County open a drug court.

Federal grant money is available to help local governments provide treatment programs, and the state will help them track down those funds, supporters said.

"The governor's criminal justice division anticipates using grant dollars from the federal level to fund substance-abuse treatment programs around the state," said Gene Acuna, a spokesman for Perry. "There will be options."

State District Judge Michael T. McSpadden, who advocates making low-level drug offenses misdemeanors instead of felonies, said the change is "a step in the right direction."

Under current law, felons sometimes have the option of a six-month jail sentence or a longer probation term. Frustrated judges say the convicts often opt for the jail time, viewing it as the easier way out.

McSpadden praised the new law for putting a stop to that, allowing judges the latitude to give stiff probation sentences that convicts cannot turn down in favor of jail time.

A Chronicle investigation found that nearly half of the 15,000 inmates in the state jail system -- lower-security jails established in 1994 to house nonviolent felons -- were there for drug crimes involving less than 1 gram.

Forty-nine percent of those offenders were from Harris County. The county accounts for 16 percent of Texas' total population.

The change in law comes as the state is slashing money for drug-treatment programs in the prison system, a move many called contradictory.

A six-month drug treatment program in the state jails has been eliminated, and the state's Substance Abuse Felony Punishment Program was reduced from nine to six months as part of massive state budget cuts.

Larry Todd, prison system spokesman, said the state had no choice but to reduce programs because of budget constraints, but he acknowledged that drugs and alcohol are a major problem among inmates.

"The majority of the offenders coming into our system have admitted to some sort of substance abuse," he said. Many were convicted of crimes directly involving drugs, he added, and others committed theft or burglary in an attempt to get money for drugs.

Will Harrell, executive director of the American Civil Liberties Union of Texas, said the cuts are disappointing but will ultimately be offset by the change in law.

"Treatment works and incarceration doesn't," Harrell said. "It's just better public policy."

[Mike4Freedom]

Well, we agree to disagree on this one.

It is always necessary to apply a sanity test to any numeric assertion by anyone, most especially the government. Remember "Figures don't lie but liars figure" and the government attracts liars like honey attracts flies.

Does it really sound reasonable to you that you could maintain a prisoner for $2400/year. That is barely enough for his food. They are probably just counting food costs, while making the assumption that the jail and the guards would be there anyway. This is not a realistic assumption, since the jail could be smaller and less guards on the payroll, if the war on drugs were to end.

The prisons have no such theory to bandy about. They must simply take the total cost and divide by number of prisoners. The $20K seems much more realistic, doesn't it?

[galt-jw]

hilarious. Looks like the feds want to get in on the Boo bizness before the Canadians get all the tax revenue. I guess all the foaming statists were wrong. Poor dumb bastards. THey keep getting sold down the river, but will never abandon their slave masters.