MOUNT VERNON — Reducing the number of non-violent drug offenders in state prisons is the cornerstone of State Issue 1. Research shows that drug courts successfully prevent recidivism by requiring accountability and responsibility.
Opponents of Issue 1 say it sets up a potential conflict between these two goals.
Issue 1 reclassifies illegal drug use and possession, including date-rape drugs, from fifth- and fourth-degree felonies to misdemeanors. It prohibits jail time for the first two misdemeanors committed within 24 months. Jail is an option for the third offense within a 24-month period.
Although Knox County Prosecutor Chip McConville said that virtually nobody gets sentenced to prison on an F4 or F5 if it’s their first offense, especially in Knox County, he said that Issue 1 takes that option away from judges.
“They don’t have any leverage they can use to keep people from using,” he said.
Instead of prison time, judges frequently impose community control sanctions (probation) for first-time F4 and F5 offenders. These sanctions can include participating in a drug court. Knox County has municipal and juvenile drug courts, and Common Pleas Judge Richard Wetzel has applied for a felony drug court. Under Issue 1, the effectiveness of drug courts might be in jeopardy.
Studies show that drug courts are successful at preventing re-arrests because they require offenders to be accountable and responsible. Offenders are held accountable through drug testing, intensive supervision with a probation officer, attending treatment programs, seeking employment, and graduated sanctions, including jail or prison, if they fail to follow through.
The conflict arises because Issue 1 prohibits courts from sending offenders who are on probation for felonies back to prison for non-criminal violations. These technical violations include missing an appointment with a parole officer and failing a drug test. They also include not making restitution to the victim, leaving the county, and dropping out of treatment programs.The prohibition applies to any type of offender, not just drug-related.
Local judges contend that there is no incentive for an offender to follow through with treatment and community control sanctions if there is no threat of being sent to jail or prison. This is especially worrisome because the constitutional amendment does not require treatment or provide treatment.
“There’s only so much community service I can make them do,” said Wetzel. “The only way I can send them back is if they commit a new offense.”
“I don’t think I will be able to have a drug court if [Issue 1] passes,” said Municipal Court Judge John Thatcher. “If I can’t impose jail time to enforce treatment, I really don’t have any leverage. If people wanted treatment without threat of jail, I think they would get it.
“It’s just ludicrous to think that hard drug users are going to change [on their own],” he said. “Hard drug users are prone to fights, theft, stealing, those type of things because of drug use.”
Added caseload in municipal court
McConville said that out of the more than 400 felonies his office will handle this year, F4 and F5 drug possession charges will account for between 120 and 150.
“State Issue 1 will push all of those down to municipal court,” he said. “Municipal court will be responsible for supervision. Drug offenses require more in the way of supervision than other offenses do. Judge Thatcher’s program is full now as it is.
“If you are going to swell the numbers who are under supervision, you are going to have to increase the money because that is where those offenders are going to be,” he added.
Thatcher said that through the end of September, his court has handled about 1,100 cases. He anticipates that number will climb to between 1,400 and 1,500 by year’s end.
“You add another 100-plus to that, that’s about 1,500 people on probation that they will be supervising. You can’t supervise that many people,” he said.
Thatcher’s MERIT (Mandated Education and Referral Into Treatment) drug court has a capacity of 40. Without added funding for increased capacity, MERIT Court cannot serve offenders even if they came on their own.
“We’ve been doing this for two years and are starting to see some progress,” said Thatcher. “I kind of see us sliding backwards if this passes.”
Related articles:
Knox County Prosecutor says State Issue 1 is a ‘train wreck’
Smart: ‘There’s no consequences’ to State Issue 1
