Tuesday, October 7, 2008

California Ballot Measure Reducing Penalty for Non-Violent Drug Offenders Should Be Model for Feds.

One measure on the ballot in California this year would reform the way non-violent drug offenders are treated by the criminal justice system. In a state that has routinely increased criminal penalties, this measure is seen as a major departure.
This measure is not endorsed by members of the criminal justice system. For example, Los Angeles County Superior Court Judge Michael Tynan said the measure would be like throwing money down a rat hole.
California’s nonpartisan legislative analyst reports that costs over time associated with the measure, estimated at up to $1 billion, would be balanced by an equivalent amount of savings by reducing incarceration.
The measure would direct most non-violent drug-related offenders to treatment, rather than prison. The measure would also require increased levels of treatment for those already incarcerated. And the measure would revamp the parole system, reducing parole lengths and making it more difficult to return parole violators to the prison population.
This measure should be followed closely by the feds. A substantial amount of federal criminal resources go to fight drug-related crime. If non-violent drug-related offenders were provided treatment in the federal system, rather than incarceration, inmate populations would decrease. More importantly, society would benefit if drug addiction was treated rather than criminalized.
Geoff Mousseau normally writes about white collar issues. However, many criminal acts are either fueled by drugs or motivated by the need to buy drugs, even when the person is a stock broker, lawyer, or politician.
Sometimes we need to take a critical look at whether policy choices are working. Has the criminalization of non-violent behavior resulting from drug addiction lead to a reduction in drug addiction? Has this policy really provided a benefit? Unless the answer to this question is a resounding yes, then we should be open to alternatives.
The measure currently on the California ballot is an alternative worthy of consideration.
Geoff Mousseau can be found on the web at FederalPrisonInc.com.

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