INCARCERATION VS SUBSTANCE ABUSE
TREATMENT
FOR NON-VIOLENT OFFENDERS
HISTORY
I History
of Drug Laws
A. 1st American Anti-drug
law was an 1875 ordinance which outlawed opium dens - not the importation or
use in other forms.
B.
Before 1907, all drugs could be bought and
sold like any other consumer good.
C.
The Food and Drugs act of 1906 sought to
prevent mislabeling or misbranding foods or drugs.
D. Harrison Narcotics Act of 1914, was passed as a record-keeping law and tax but quickly
became a prohibition statute.
1.
Required
sellers to get a license if they were to handle opiates and cocaine.
2.
Under the
Treasury Department
E.
Volstead Act or
“Prohibition” went into effect January 16, 1921.
F.
By 1935, 36 states had laws regulating the
use, sale, or possession of marijuana.
G.
1937 Marijuana Tax Act taxed the growers,
distributors, sellers and buyers.
1.
State
laws made it illegal.
H.
1965, Drug Abuse Control Amendments
allowed Federal Drug Administration to recommend that the Department of Health
Education and Welfare control the use of dangerous drugs (amphetamines,
barbiturates, and LSD).
I.
Comprehensive Drug Abuse Prevention and
Control Act of 1970 specifically stated the drugs under this act were now under
Federal jurisdiction. This act was to control drugs directly not just through
taxes.
1.
Alcohol,
nicotine, and caffeine were excluded.
J.
President Richard Nixon declared “War on
Drugs” in 1971.
10.
Introduced
stronger criminal penalties for drug dealers.
11.
Proposed a
rapid expansion of drug treatment facilities.
K.
1982, President Reagan calls for
escalation of war on drugs
L.
Comprehensive Crime Control Act of 1984
increases drug sentences and enacts mandatory sentencing guidelines.
II Criticisms
of War on Drugs
A.
Only about 10% of the major illicit drugs
smuggled into the United States are interdicted.
B.
Drug related emergency room visits and
drug related arrests continue to increase.
C.
Prison populations are exploding due to
drug-related crime.
1.
It is estimated that
arrests for drug law violations in 2003 will exceed the 2000 number of
1,579,566.
a.
An arrest every 20 seconds
2.
Of the 1,579,566 arrested in 2000, 734,497 or
46.5% were for cannabis.
3.
646,042 of those were for possession alone.
4.
Approximately 236,800 people will be incarcerated
for drug law violations in 2003.
a.
648 per day
D.
2,071,686 people incarcerated in the
United States at the end of 2000.
1.
330,000
incarcerated in prisons and jails in 1972, increased to over 2 million by 2003.
2.
76.8%
increase in the percent of sentenced prisoners in state and federal systems,
1990-2000.
E.
The country can no longer afford the costs
of the war on drugs.
1.
The costs of prison construction and housing now totals nearly
$40 billion annually.
2.
The United
States federal government will spend over 19.2 billion dollars on the War on
Drugs this year.
a.
$609 per second
3.
Present
policies have dramatically increased the profits of drug dealers and created
more economic burdens in the form of increased law enforcement.
C The
War on Drugs has made drugs a criminal justice issue rather than a community or
health issue. Current policy is punitive
and costly. We are using valuable time, attention, and resources that could be
invested in more constructive approaches to the drug abuse problem.
C Presently
Federal drug control policy allocates two-thirds of funds for law enforcement
and incarceration, and just one-third to prevention and treatment.
III What
it would Take to Win the War on Drugs
A.
Stop Drug Production in
Other Countries
B.
Stop Drugs at the United
States’ Borders
C.
Stop the Sale of Drugs
within the United States
D.
Stop the Use of Drugs
within the United States
C The chance of winning the War on Drugs is nil.
IV How
Big is the Drug Problem
A. The 2001 National Household Survey
on Drug abuse provides a comprehensive one-year snapshot of drug abuse in the
United States.
1.
15.9 million
Americans age 12 and older used an illicit drug in the month prior to the
survey interview. That represents 7.1% of the population.
2.
An estimated
16.6 million Americans age 12 or older were classified as either
substance abusers or substance dependent, 7.3% of population.
3.
6.1 million persons 12 or older were identified as in need of substance
abuse treatment.
a.
1.1 million were
receiving treatment.
b.
5.0 million need
treatment but are not receiving treatment.
4.
Of the 5.0
million who were not receiving treatment 377,000 felt they needed treatment.
a.
101,000 made an effort to get
treatment but were unable to get treatment.
b.
276,000 made no effort to get
treatment.
B.
Death Rates from Drugs
1.
According to the Centers
for Disease Control, during the 20 year period 1979 to 1998, there were a total
of 44,727 deaths attributed to illegal drug use, slightly more than one-tenth
of one percent of all deaths in the United States.
a.
22,735 from heroin overdose
b.
15,551
from cocaine overdose.
C.
Tobacco use
1.
In 2000,
over 440,000 persons died from tobacco use (NIDA Research Monographs)
2.
Approximately
60 million Americans were current cigarette smokers in 1998.
3.
That
represents 27.7% of the population age 12 and older.
D.
The 2000 Gallup Poll showed that 64% of
Americans drink beverage alcohol.
1.
In
2000, over 100,000 persons died from alcohol related causes.
V Illegal
Drugs and Crime
D.
Of all psychoactive substances, alcohol is
the drug that is the most predictable in causing an increase in aggression.
E.
Illegal drugs and violence are linked
primarily through drug marketing.
1.
Disputes
among distributors
2.
Arguments
and robberies involving buyers and sellers
3.
Property
crimes committed to gain money for drugs
C.
Most law enforcement professionals agree
that most of the drug-related violent crime is caused by the prohibition
against drugs, rather than the drugs themselves.
VI Drugs,
Crime, and Prison
C There was a national decline in crime from 1991 to 1998.
States with the largest increases in incarceration however, did not enjoy the
largest decreases in crime.
C The
increases in the use of incarceration has been the result of policy decisions -
drug arrests, sentencing policy, and changes in parole not changes in crime
rates.
A.
The Bureau of Justice Statistics and the
National Center on Addiction and Substance Abuse estimate that from 60% to 83%
of the nation’s correctional population have used drugs at some point in their
lives; this is twice the estimated drug use of the total U.S. population (40%).
B.
Nearly a six fold increase in national
prison population from 1970 to 2000.
A.
Expansion
of prison population is due largely to increases in admissions for drug
offenses.
C.
Number of inmates incarcerated for drug
offenses (state, federal prisons and local jails) has increased by more than
1,000% from 1980 to 1999.
1.
In 1999
there were approximately 250,000 drug offenders in state prisons at a cost of
about $5 billion dollars annually.
D.
Approximately one third of all prison
admissions are people who failed to complete their parole satisfactorily.
1.
Primary
reason is the use or possession of drugs.
2.
From
1990 to 1998, the number of drug offenders receiving a parole revocation more
than doubled.
3.
30%
revoked for a technical violation, half of those for drug possession or a
failed drug test.
E.
National
Center on Addictions and Substance Abuse estimates that of the $38 billion spent
on corrections in 1996, more than $30 billion was spent incarcerating
individuals who had a history of drug and/or alcohol abuse, were convicted of
drug and/or alcohol violations, were using drugs and/or alcohol at the time of
their crimes, or had committed their crimes to get money to buy drugs.
F.
The
average cost per year to incarcerate an inmate in the United States is $20,674,
VII Offender’s
Role in the Drug Trade Prior to Incarceration, 1997 Survey of Inmates
A. 58% of drug prisoners have no history of
violence or high level drug activity.
B.
One
third of the total incarcerated population have only
been convicted of drug crimes.
C.
Approximately
three-quarters of inmates currently serving a sentence for a drug offense have
no current or prior convictions for a violent offense.
D.
Of
the 1,579,566 arrested in 2000, 734,497 or 46.5% were for cannabis.
1.
646,042
of those were for possession alone.
E. 28.5% of drug offenders reported a
level of activity that could constitute a
high-level
role in the drug economy.
1.
3.5%
importation of drugs into US
2.
4.4%
manufacturing of drugs
3.
2.8%
money laundering
4.
17.8% distributed drugs to dealers
F. 71%
of drug offenders not engaged in high level drug activity.
1.
50.2%
Selling or helping to sell drugs to others for their use
2.
65.7%
Using or possessing illegal drugs
3.
Categories
not mutually exclusive
E.The group of 71% of drug offenders no
engaged in high level activity
F.represents a group that may benefit from diversion programs.
G.
Substance Abuse History
1.
Two-thirds
of state prisoners incarcerated for a drug offense have used illegal narcotics
during the month before their arrest.
2.
41%
were under the influence at the time of their offense
3.
28%
committed their crime to get money to purchase drugs
4.
Only
34% of those with a prior conviction have ever participated in a treatment
program while under probation or parole supervision.
5.
For
those who have been under supervision, only 21% had been in treatment while
under supervision.
VIII Criminal
Justice Substance Abuse Treatment
A.
The Substance Abuse and Mental Health
Services Administration’s Uniform Facility Data Set 1997 Survey of Correctional
Facilities reports that substance abuse counseling is available in about 40% of
Federal, State, and local adult and juvenile correctional facilities.
1.
The
Federal Bureau of Prisons provides drug treatment to all eligible inmates
before their release.
2.
State
corrections officials estimate that between 79% and 85% of inmates need some
level of substance abuse treatment.
a.
Less than 11% of the inmate population was in drug treatment in 1997.
3.
Approximately
73% of local jails provide drug treatment or programs.
a.
32.1%
provide drug detoxification
b.
63.7%
provide self-help programs
c.
29.6%
provide drug education
B.
Treatment
Modalities in Correctional Facilities
1.
Therapeutic
Communities
2.
Pharmacological
maintenance programs
3.
Outpatient
drug treatment
4.
Alternative
approaches
a.
Acupuncture
C.
Cost
of Treatment
1.
The
National Treatment Improvement Evaluation Study from the Center for Substance
Abuse Treatment reports that the average cost per treatment episode was $2,941
between 1993 and 1995.
2.
The
average treatment benefit to society was $9,177 per client.
3.
This
resulted in an average savings of $3 saved for every $1 spent.
4.
The
savings resulted from reduced crime-related costs, increased earnings, and
reduced health care costs.
D.
Outcome
of Treatment
1.
The
Bureau of Prisons conducted a survey of drug treatment outcomes in 1995.
a.
The
survey found that only 3.3% were likely to be rearrested in the first 6 months
after release, compared with 12.1% of inmates who did not have treatment.
b.
20.5%
were likely to use drugs in the first 6 months after release, compared to 36.7%
without treatment.
E.
Public Opinion
1.
A
1995 study by the National Opinion Survey on Crime and Justice indicates:
a.
21% of U.S. adults indicate
that rehabilitation should be the principal goal in sentencing offenders.
b.
50% thought it should be the
most important factor in sentencing juveniles.
c.
More than half of the public
favors spending money on social and economic problems to lower crime.
d.
Numerous studies in recent
years have shown that when the public is educated about issues regarding
incarceration and substance abuse they are more supportive of alternative
sentencing.
F.
Peter D. Hart Research Associates national
survey showed the public favorable to alternatives to incarceration.
1.
76%
favored mandatory treatment rather than prison for those convicted of drug
possession.
2.
71%
favored mandatory treatment and community service for those convicted of
selling a small quantity of narcotics.
ALTERNATIVES TO INCARCERATION
I Diversion/deferred
prosecution model
A.
First-time
offenders enter the program prior to prosecution.
B.
Charges
reduced or dropped upon completion of substance abuse treatment.
II Plea
model
A.
Before entering substance abuse treatment, defendants enter a guilty
plea
B.
Guilty plea can be struck from their record upon successful completion
of substance abuse treatment.
III Post-adjudiction
A. Primarily for repeat offenders who face
severe penalties.
B. More lenient sentencing considered if
participant completes substance abuse treatment prior to sentencing.
IV Combination
model
A. Combination of programs
used to meet the needs of each case.
V Drug
Court
A.
Nonviolent, drug abusing offenders placed
in intensive court-supervised treatment instead of prison.
A.
10
key elements of successful drug courts:
1.
Integrate
alcohol and drug treatment services with justice system case processing
2.
Use
a non-adversarial approach in which prosecution and defense counsel promote
public safety while protecting participants’ due process rights.
3.
Identify
eligible participants early for immediate referral to the program.
4.
Provide
access to a continuum of treatment and rehabilitation services.
5.
Monitor
abstinence by frequent drug testing.
6.
Coordinate
court and treatment responses to compliance or lack of compliance, including
contingency contracts that involve participants in their own sanctions and
incentives.
7.
Require
ongoing judicial interaction with drug court participants.
8.
Monitor and evaluate achievement of program
goals and program effectiveness.
9.
Promote
effective programs through interdisciplinary education of palnning
teams.
10.
Forge
partnerships among drug courts, public agencies, and community based
organizations.
VI Promising
law enforcement approaches
A.
Community Policing
1.
Police
officers and private citizens working together to reduce crime and increase
community cohesion.
a.
Police
increase daily contact with citizens
b.
Police
and community work together to:
C identify
neighborhood crime problems
C increase
understanding of the reason for the problems
C implement
long-term solutions
C evaluate
impact on the problem
B.
Problem-Oriented Policing
1.
Police
are trained to uncover patterns of crime, to identify solutions, and to find
the resources needed to address the problem.
a.
Landlord
training program - trained landlords to recognize drug activity in their rental
property.
b.
Mario’s
Market - Team approach involving officers, chief of police, fire chief,
property owners, proprietors, supervisors from other public agencies to a
meeting to discuss possible solutions to illegal activity.
C.
Reducing Drug Availability
1.
Drug
Interdiction Programs
VI Rational
Drug Policies
A.
Shift funding priorities
1.
Two-thirds
of federal anti-drug funds are devoted to law enforcement.
2.
One-third
to prevention and treatment.
B.
Repeal
mandatory sentencing laws
C.
Increase
treatment options within the criminal justice system.
1.
Expand
the use of drug courts
2.
Eliminate
unnecessary restrictions on eligibility.
D.
Fund
criminal defense intervention services
1.
Provide
resources for assessment and treatment or service plans for clients.
E.
Approach
drug abuse primarily as a community problem rather than a criminal justice
problem.
VII Eight
Steps to Effectively Controlling Drug Abuse and the Drug Market
A.
Shirt resources into programs that work.
1.
Treat
substance abuse as a health problem with social and economic implications
2.
Solutions
are in public health approaches that focus on addicts and abusers - not all
users.
B.
Make
treatment available on request like any other health service
1.
Don’t
limit to only abstinence-based treatment, include maintenance drugs.
2.
Harm
reduction models
C.
Prevent
drug abuse by investing in American youth and providing them with accurate
information.
1.
After
school programs
2.
Mentoring
programs
3.
Skills
building
4.
Job
training
5.
Summer
jobs for youth
D.
Focus
law enforcement resources on the most dangerous and violent criminals.
1.
Non-violent
offenders should be the lowest law enforcement priority.
2.
Decrease
restrictive use of parole.
E.
International
drug control efforts should be demilitarized and focus on economic development.
1.
Economic
development will undermine the incentives for producing drugs.
2.
Reduce
demand at home.
F.
Restore
justice to the US Justice System.
1.
Return
sentencing discretion.
2.
Repeal
mandatory minimum sentencing.
3.
Make
sentencing guidelines discretionary.
4.
End
the disparity in crack and powder cocaine sentencing.
G.
Respect
State’s rights and allow new approaches to be tried. Stop blocking states
attempts to try new approaches.
1.
Treatment
rather than prison
2.
Medical
use of marijuana
3.
Marijuana
decriminalization
4.
Bring
forfeiture laws in check
H.
Make
prevention of HIV and other blood borne diseases a top priority.
1.
Needle
exchange and syringe deregulation have been shown to be effective in reducing
the spread of disease without increasing drug abuse.
References
Annual Household Survey Finds Millions of Americans in Denial About Drug Use. RTI International - News Release (2002, September 5). Retrieved May 3, 2003 from http://www.rti.org.
Bennett, B. Truth: the Anti-drugwar. Retrieved May 2, 2003 from
Drug Policy and the
Criminal Justice System (2001). Retrieved April 17,
2003 from http://www.sentencingproject.org/brief/drugs.pdf
U.S. Department of
Justice, Bureau of Justice Statistics. Retrieved April