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As drug cases jam local courts, new approach sought
Local judges are increasingly saying treatment is better alternative to jail
9-25-`07 | Houston Chronicle | by Robert Crowe

Almost half of the felony cases filed in Harris County last year were for drug crimes, and 80 percent of them were for low-level offenses.

In a report released this month, The Sentencing Project, a Washington, D.C.-based drug policy group, found that a tripling of drug arrests and a 1,100 percent spike in prison sentences for drug offenders across the country have not curbed the nation's appetite for illegal drugs.

A review of Harris County statistics shows that local drug arrests mirror national trends in the report, A 25-year Quagmire: The War on Drugs and Its Impact on American Society.

Felony drug charges ballooned by 257 percent in Harris County between 1986 and 2006.

"Despite decades of prosecutions and excessive punishments for low-level drug offenses, drug addiction and the drug trade persists, thereby producing heavy burdens on law enforcement, the courts and prison systems," said Marc Mauer, executive director of The Sentencing Project.

The group calls on authorities to shift priorities from punishment of drug use to treating addiction with help from drug courts and alternative sentences.

In Harris County, criminal courts send more drug offenders to prison than other Texas counties, but judges here are increasingly saying that treatment is a better alternative to incarceration.

"I think we need to be tough on crime, but we need to get drug addicts out of jails so we have room for people who need to be locked up, especially violent offenders," said state District Judge Devon Anderson.

Last week, Anderson became the fourth judge to offer a drug court docket in the criminal district courts.

Serving about 150

Drug court started four years ago after the Legislature mandated Harris County to offer treatment alternatives to incarceration.

Some 116 people have graduated from the program in which participants frequently report to a judge while undergoing drug treatment.

Studies have shown that drug court participants re-offend less than people given probation or sent to prison without treatment, said Laura Flynn, drug court program manager. About 1,600 drug courts operate across the country.

Harris County includes drug dockets in the family and civil district courts, but it only serves about 150 participants.

"We are a drop in the bucket for drug cases, but this works," Laura Flynn, program manager, said of the drug court, which has seen less than 10 percent of its participants rearrested.

Almost half of all felony cases filed in Harris County's criminal district courts involved drug offenses.

Four out of five of the 17,841 cases last year were filed for low-level possession.

Fewer revocations

Last year, most Harris County district courts began the Change Through Intervention program in which drug offenders on probation report to judges regularly. It has resulted in fewer revocations for probationers caught relapsing, officials said.

"Among some judges, we now recognize that relapse is part of recovery," said Anderson, who became interested in the drug court after seeing positive results with CTI probationers.

Since the 1980s, two-thirds of all federal anti-drug funds have gone to law enforcement, while one-third went to treatment. It found that drug abusers are less than half as likely to be in treatment as in 1991.

The result has contributed to a prison system overburdened with repeat drug offenders, while the vast majority of arrests bypass "kingpins" for low-level offenders.

Drug offenses accounted for 43 percent of all felony cases filed in Harris County district courts last year. Most cases, 81.5 percent, were for possession.

'We file it'

"I think it's high, but we can't shut down drug prosecutions because we got too many of them," said Harris County District Attorney Chuck Rosenthal. "If it's against the law, we file it."

He pointed to a recent increase in drug cases that flooded the courts after a police department granted overtime pay to many officers.

"Some folks were saying they were picking low-hanging fruit," he said.

"Apparently there are some places you can go to in Houston and Harris County and make drug cases anytime you want."

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SWP



"I'm not into this detail stuff. I'm more concepty." -- "If I know the answer I'll tell you the answer, and if I don't, I'll just respond, cleverly." -- "Secretary Powell and I agree on every single issue that has ever been before this administration except for those instances where Colin's still learning." -- "As we know, there are known knowns; there are things we know we know. We also know there are known unknowns; that is to say we know there are some things we do not know. But there are also unknown unknowns: the ones we don't know we don't know."

 

Buzzby

It's all well and good to treat drug addicts rather than imprison them. What does this have to do with people who use marijuana? Marijuana is not physically addictive and only a few users have any problems with it other than finding some and avoiding getting caught with it.

I'd say that at least 95% of marijuana users in court are in no way in need of any kind of treatment, so why make that a mandatory alternative to incarceration?

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reggie_the_dog

You are right to say 95% Here in France cannabis was outlawed in 1971 but against the health code not the criminal code for use/possession for use. In these cases those found with cannabis were brought to court, sentenced to a review by a psychiatrist and if was found that roughly 19 out of every 20 people brought in for cannabis had no problem with addiction to cannabis. After a while the judges got fed up because it was a waste of time, then the cops got fed up because they were sick of judges saying police were wasting time and money on cannabis, then a reactionary government came in (SARKOZY) and wanted cops to bust people again, but shortly after that started judges got fed up because 19 out of 20 people had no problem with addiction, these figures went out to the media last year, and basically the cops do not give a shit anymore. They still hassle dealers but users really risk a scolding, the cop has to be in a really pissy mood to run you in.