Jail Is Not The Answer For Drug Addicts

12-24-10 -- It's very easy to trash the politicians, and usually they deserve it. But let's also look at the times when they do the right thing, even at their own political peril.

Yesterday, we saw that noble side of the profession in Trenton New Jersey, of all places. Members of the Senate Judiciary Committee approved a bill that would allow judges to waive harsh prison sentences for nonviolent drug dealers who are arrested.

These senators can expect their future opponents to call them soft on crime and to say they failed to protect the people. They know the game, and they know the risk.

But they also know the current law doesn't work. They know that it snares mostly nonviolent drug addicts who are selling small bags of heroin or cocaine to finance their habits.

They know taxpayers spend $48,000 a year to keep these offenders in prison, more than double the cost of some first-class treatment programs. And they know that within two years of their release, most of these addicts are back behind bars.

Even the far-right Glenn Beck approves of legalizing most drugs, and says we should not jail all the drug users.

What about the school children? This law has had no discernible impact on drug dealing near our schools, according to a state commission on criminal sentencing that included judges, prosecutors, and police officers.

The committee heard from Scott Ferguson, who testified on behalf of the County Prosecutors Association of New Jersey. His concern was about equal justice.

The law imposes three-year mandatory terms on dealers caught within 1,000 feet of a school - which covers almost all of a city like Newark but very little of his home turf in Warren County. And that's why 96% of those arrested under this law are African-American or Latino. In effect, it sets one penalty in the cities, and another in the suburbs.

"That is in large part why the prosecutors have endorsed" amending the law, he said.

The disappointment of the day came when Sen. Paul Sarlo (D-Bergen), the committee chairman, cast a vote against the change.

"I'm just concerned about the signal it sends," he said.

Sarlo left it at that. He didn't question the experts who testified, or explain his rationale. When asked about it later, he had nothing more to say about it.

Let me talk about the signal he's sending. He is willing to continue spending huge sums of money on a policy that's clearly not working.

He's tolerating a stark and undeniable racial injustice. He is also sticking with a policy that leaves addicts without treatment, and puts them back on our streets to commit more crimes against the rest of us.

But there is some good news, the rest of the Democrats abandoned Sarlo on this, an encouraging sign that his influence was zero. Sen. Jennifer Beck (R-Monmouth) was the only Republican to support it.

This bill now goes to the Senate floor. Let's say a silent prayer that senators take a careful look at Sarlo's real signal before they cast their votes.

In conclusion, we need to get real and stop filling our prisons with non-violent drug offenders, and get them treatment. Not only would everyone be better off, it would save us a ton of money, and get the drug addicts the real help they need.


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