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DrugScreening.org


 

Sentencing Commission to Recommend Prison Alternatives
September 9, 2008

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News Summary

The U.S. Sentencing Commission plans to issue a list of recommendations on alternatives to incarceration that could include drug courts, addiction treatment, or other sentencing options.

The Wall Street Journal reported Sept. 6 that the panel, which made waves last year with its call to equalize penalties for crack and powdered cocaine, recently announced its intention to find ways to ease the strain on the nation's courts and justice system. Currently, there are 2 million people in prison in the U.S., and states spent $44 billion last year on corrections.

"We're going to be looking at what might fit at the starting point, before somebody is sent to prison," said District Court Judge Ricardo Hinojosa, chair of the commission.

The announcement received a lukewarm response from the U.S. Justice Department. "We do not believe the use of alternatives should be expanded without further rigorous research showing their effectiveness in promoting public safety," said spokesperson Laura Sweeney.

The Criminal Justice Legal Foundation also expressed skepticism; Michael Rushford, president of the crime-victim advocacy organization, said, "alternatives are generally not a good idea and particularly for certain classes of criminals," pointing to the failure of other alternative approaches to jail in prison tried in the 1960s.

Recommendations from the Sentencing Commission, comprised of seven presidential appointees, become law unless Congress votes to reject them. The commission hosted a conference on sentencing alternatives this summer.

"If the commissioners are creating materials and making recommendations to Congress that we should expand alternatives to incarceration in the federal system, that will have a big impact," said Kara Gotsch, advocacy director for the Sentencing Project.

COMMENTS ON THIS ARTICLE:

Posted by Calvin M on 01 Oct 08 11:27 PM EDT
I beleive alternatives to incarceration can work if the treatment providers are skilled in working with the ex-offender population. I have been in several clinical situations that was supposed to treat ex-offeders, but instead I found the treatment providers lacked knowledge and skills for treating the ex-offeder population. I think we need to get more certified forensic counselors into the substance abuse/mental health treatment programs.

Posted by honest girl on 15 Sep 08 11:38 PM EDT
More money is spent on Incarceration in Louisiana than Education. Lawyers, Drug Courts, make too much money on the people who have addictions. When you are sentenced to drug court with no treatment you can have a relasp and they revoke you. The states make 25000 per inmate. Corrupt politics play a big role in La. If you are politically in you never go to jail,they pay the da., lawyers off. You can kill someone negligent homicide and get 5 years probation in la. If you have 4 dwi asleep in a car, no drugs, and no treatment given you can get 20 years, I have a family member this happened to. Our da son got 4 dwi's put two woman in the hospital and killed a friends son and never spent one day in jail, taking the bar exam. California, Mass., Texas are looking at programs. We have more people incarcerated than China. Ev noe of ten people in Louisiana are in jail. Louisiana just spent 25 million for a new court house, need more room to convict the addicts . Alcoholism is a disease. With no insurance the Middle Class Americans white males are all in jail. Ask your Senators to vote for mental health and addiction treatment to be included in health insurance this year.

Posted by Erin on 15 Sep 08 02:41 PM EDT
I am in the minority with you, Lisa. We see the same things in the counseling agency I work in. Did we all forget that selling drugs is BREAKING THE LAW?! They should be held accountable for that. I am totally for giving someone treatment if they are willing to go but forcing someone by court ordering it instead of jail is a waste of time and money for our counselors that are already pushed to the limit. If they want treatment and broke the law as well, then some jail time and treatment before or after seems like an option. We all need to be held accountable for our actions, even if we have a disease.

Posted by Karen Ventimiglia on 13 Sep 08 09:48 AM EDT
My son is a suicide statistic because of the justice system. He had relapsed and knew that if he tested dirty he was going to go to county jail for 9 months.. The thought of being locked in a cell was harder for him to wrap his head around then taking his own life. There is no chance for reform with him, hes another promising life that made bad choices young and didnt have a chance to turn it around. If we spent dollar for dollar on treatment instead of incarceration we might find so many more people reach recovery.

Posted by Lisa on 12 Sep 08 10:41 AM EDT
I am probably in the minority here, but treatment won't work until the person is ready for it. I have seen people who have been given chances in the form of probation that have violated that probation numerous times with positive drug screens. If the person has broken the law - consequences should happen. Treatment should occur while paying the price of wrong decisions, not in place of consequences.

Posted by LindaG on 11 Sep 08 11:11 AM EDT
I work with many of the people you are talking about. Addict first, criminal second. I have watched them change their life given half a chance. However it is when they come that they need the most help from us as they have already burned most of their bridges with family and friends. As one person mentioned in a clip "What have they learned in prison and can it be out to work on the outside" However I also believe the sentence should warrant the deed.

Posted by Flash on 11 Sep 08 09:54 AM EDT
Not until correction unions get out of the business of dictating what programs they will or will not let into their prisoms will real reform take place. The public does not have a clue on what goes on within its states prison system. Without education and substance abuse programs that should be mandatory within the sentencing guidelines men and women will only be a hazard to their communities upon release. It took me 40 years and 26 of those years incarcerated to understand and make a decision to get these thing into my life.

Posted by Audrey on 10 Sep 08 06:15 PM EDT
If NIDA, an arm of the US Government, defines addiction as a chronic disease with relapse as an almost inevitable step towards recovery, how can the courts incarcerate a sick, addicted man or woman. Do we put diabetics in jail, cancer victims? It makes no sense and needs to be stopped! Someone should file a class action suit.

Posted by Been There on 10 Sep 08 04:04 PM EDT
What came first, the addict or the criminal? We need to be careful here folks. Reducing the prison population is not a new idea. Bureaucrats being pressured to reduce population feed on the heartstrings of parents, spouses and children who have loved ones in prison along with radical activists using the opportunity to change existing drug laws at the expense of the public, community based residential treatment programs and the taxpayer. Not all convicted citizens who use drugs are addicted and many who sell drugs never used at all. There really are bad guys in prison. Let's not let them con us to reduce their sentences because they saw celebrity rehab or sttended a couple aof 12 step meetings. Granted, prison overcrowding is a hugh problem. Unfair sentencing is too. But turning convicted lawbreakers back into society because they raise thier hand at a meeting is not the answer. Separate them. Let the CJS continue to create their own treatment centers, but lets not give them a pass. I heard somewhere that being accountable for our actions and making amends for our wrongs may lead us down a road called "happy destiny".

Posted by denise robertson on 10 Sep 08 03:18 PM EDT
Ill telll you what needs to happen... White people need to get off there high horse and stop acting like all african american are criminals or animals. Start giving us jobs that have benefits, can pay the bills, feed our kids. Then maybe we will stop selling drugs. Ands not all people that sell drugs do them. that doesnt make them better then the person doing them it just means that we have a problem to. So instead of down grading us show us some support for once. Portland Oregon

Posted by Elaine on 10 Sep 08 02:54 PM EDT
The problem is money. There is a huge amount of money to be made by incarcerating people. Many prisons or prison services are privatized. Find out which lobbyists are stockholders.They don't care about helping people,only about lining their own pockets.

Posted by linda on 10 Sep 08 12:53 PM EDT
drug counseling, education, and mental health options. spend what taxes we pay on jail sentences that obviously dont work and put that money into rehabilitation instead of putting people with mental problems who turn to using drugs to ease their pain and selling drugs to support their habits. education and counseling is the answer. you put these people in prisons, and the problem is made worse. they are given a few dollars set on the street with a "good luck" in finding a job with a criminal history. when they fail at that....they have to sell drugs to live, then to support their habits. before handing down a prison sentence...depending on the crime....they should be given a mental evaluation to find the problem then try to solve the problem...not make it worse.

Posted by Leslie on 10 Sep 08 11:17 AM EDT
Hopefully they will wake up and stop incarcerating every one that has drug addiction problems, The prisons should only house those that are hard core. They give low level drug addicted people, manndatory sentences with out parole... Mass incarceration so we do not have to look at the real problems of drug addiction... To sovle these problems, these people-inmates need treatment, drug classes, drug counseling, education and jobs(IN AND OUT OF PRISON). These are HUMAN BEINGS, OUR CHILDREN, BROTHES, SISTERS, FRIENDS MOTHERS, FATHERS. We should not just have the lock-em up mentality. Given the chance most would take the opportunity to do better in life.

Posted by pat nichols on 10 Sep 08 10:33 AM EDT
How come we all "get it" and they don't? What is really going on? Pride, ego? Political influneces? Money, position? There's the problem(s)!

Posted by LindaF on 10 Sep 08 10:08 AM EDT
I totally agree with my colleagues that incarceration is not the answer for people that are addicted to drugs and selling drugs. The irony is that we spend billions of dollars on incarcerating and less on treatment and treating this "disease" called addiction. Please someone tell me "What kind of sense does that make"?

Posted by April A on 10 Sep 08 09:21 AM EDT
yeah...like putting people in prison is working so well for everyone..there needs to be a huge change of mindset, these are people..quit looking at them as criminals, or thats all they will ever be..lets try to help.what if it was there child or loved one? They might look at it differently!

Posted by Tammie M. Shered on 10 Sep 08 09:13 AM EDT
I would agree because sending common criminals to jail when they not murdered anyone is a little much. These type of people of our society need treatment and counseling now when those to components do not work then indeed lock them UP!!

Posted by Amanda on 10 Sep 08 09:11 AM EDT
It just absolutely blows my mind that folks at the national level continue to JUST talk about these practices when we know that there are thousands of restorative justice and detention alternatives models around the country (and worldwide) that continually prove that RJ and ATD work--for individuals, families AND communities. We are in need of a serious overhaul within the CJS, especially when it comes to offenders who need treatment and support more than anything!!!

Posted by Bert Lynn on 10 Sep 08 08:16 AM EDT
I think people who get caught with drugs or alcohol should be sent to treatment. If they break there treatment agreement they should go to jail for the weekend. If that don't work they should then be sentenced.

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