Rethinking Drug Policy.

In the war on drugs, a policy shift from punishment to treatment is taking place in many states.

With states spending $20 billion to fight illegal drugs this year, legislators and citizen groups are looking at what's effective and what's not in the war on drugs.

The largest policy change will begin when california's Proposition 36 goes into effect this month. The measure, passed by 61 percent of the electorate, imposes treatment rather than imprisonment for firs--and many second--time drug possession offenses.

The conviction is then automatically removed from the person's record after he or she completes treatment, It is expected that as many as 36,000 offenders will be diverted from prison annually. The legislative analyst's office estimates that the program could save the state between $200 million and $250 million annually. California counties, however, must quickly expand drug treatment programs. "We have to create some new machinery here," says Dan Carson of the legislative analyst's office. "We had been on the track of building a prison a year, now it's treatment capacity that must grow."

Arizona established a similar program four years ago because of a citizen initiative. People convicted of drug possession have their sentences suspended, are placed on probation and assigned to a drug treatment or education program. Those who violate probation may be ordered by the court to participate in intensified drug treatment, community service, intensive probation, home arrest or any other sanction short of incarceration. An analysis by the Administrative Office of the Courts showed the program was getting people off drugs and saving the state money. In FY 1998, the state saved $5 million in prison costs while spending $2.1 million on substance abuse treatment. Moreover, the report said that the drug treatment and education funds were adequate to meet the increased demand for services under the diversion program, and the majority of offenders were completing treatment and passing drug tests.

Three wealthy philanthropists, George Soros, Peter Lewis and John Sperling, largely funded these initiatives. Their efforts will continue in 2002 when citizens in Ohio, Michigan and Florida likely will vote on statewide ballot proposals similar to the Arizona and California programs. The success of these initiatives has also encouraged legislators to consider such policies.

Other states are considering these programs as well. The Nevada Legislature will begin a pilot program in which 150 prisoners will be released six months early on the condition that they participate in a court-supervised treatment program for at least a year.

The Nebraska Legislature is considering a measure to grant probation with treatment for minor drug offenses, and citizens in Ohio will most likely have a statewide ballot proposal that mandates treatment instead of jail for nonviolent drug offenders.

Utah's Sentencing Commission is looking at ways to reduce the number of prisoners. Drug offenders make up 22 percent of the prisoners and with the state spending about $23,000 per year to house an inmate, the commission will examine less expensive options, including day reporting centers, court-supervised treatment programs or electronic monitoring.

In New York, two competing proposals would reduce mandatory sentences and include treatment alternatives for nonviolent drug offenders. Governor George Pataki's proposal would reduce mandatory sentences for the most serious nonviolent drug offenses from 15 years to life down to 10 years to life, while the Assembly Democrats want to give judges the discretion to select from a sentencing range of five to 25 years, not life. This reform is estimated to save as much as $100 million, growing to $160 million annually.

In New Mexico, the Legislature adjourned without passing most of Governor Gary Johnson's drug reform proposals. However, they did pass a package that shifts the emphasis in drug cases from law enforcement to public health. The new law provides an additional $9.8 million in the first year of a three-year program to expand drug treatment services. "You really get a much bigger bang for your buck when you invest in treatment as opposed to incarceration," says Charles A. King, director of addiction services.

Relief may also be on its way from the federal government. California Senator Barbara Boxer recently introduced 5 160 that would provide grants to any state that has a drug treatment program as an alternative to incarceration. The measure would provide matching funds to such states and would double treatment spending from $3 billion annually to $6 billion.

"Treatment is less expensive and more effective in the long term in reducing people's use and abuse of drugs, "says Katharine Huffman of the Lindesmith Drug Policy Foundation. "That's where we need to start putting more of our dollars at the state level."

Blake Harrison is a law student at the University of Denver and has been a research intern at NCSL.