Pubdate: Wed, 15 Feb 2006 Source: Iowa City Press-Citizen (IA) http://www.press-citizen.com/apps/pbcs.dll/search?Category=search&SearchID=73237830008530&Max=41&Krit=marijuana&Kat=%25&Simple=0&SearchCategory=%25&StartDate=20050909&EndDate=20060308&Start=21 Copyright: 2006 Iowa City Press-Citizen Contact: http://www.press-citizen.com Details: http://www.mapinc.org/media/1330 Author: Lonny Pulkrabek, Johnson County Sheriff Bookmark: http://www.mapinc.org/pot.htm (Cannabis) THE REST OF THE TESTIMONY Last week, I was asked to testify in front of a legislative committee. I was to provide input on sentencing reform and how it affects county sheriff budgets. During my testimony, I advocated for a multiple-step approach to solving the overcrowding of the Johnson County Jail. I actually spoke on six different topics but, because two of the topics stirred debate, the public did not get to hear about the others. In this guest opinion, I want to explain the two topics that sparked the lively debate -- the handling of people who are intoxicated in public and the charging of possession of a controlled substance for small amounts of marijuana -- and then summarize the others. 1. I advocated that the law be changed so that detoxification center could become a locked facility. Under current law, intoxicated persons could simply leave a detox center on their own accord and thus defeat the purpose of taking them to the center. I understand that the centers are currently cost prohibitive, but without changing the law, it is moot to look at any ways to reduce the cost. 2. There are certain incremental amounts of marijuana for which the law makes it a more serious offense. Current law, for example, allows for a Class C Felony for possession of more than 50 kilograms but not more than 100 kilograms of marijuana. I advocated for adding another step in the increments to be a simple misdemeanor. I am talking about a partial joint or less. Because people charged with first offense PCS do not always get sentenced to jail time, I would further propose that the simple misdemeanors be given a citation. They would still go through the court process, and a judge could still fine them, sentence them to jail or force them to attend educational programs. Conviction of a simple misdemeanor PCS could likewise be added to the person's driving record. Then law enforcement officers would know that there had been a prior conviction without having to run a criminal history on the person. 3. I testified to the legislators about the enormous burdens the sex offender law has created for the Sheriff's Office. Day care centers, for example, are required to submit requests in writing to us in reference to the sex offender registry even though they could look up the very same information online. Current laws have forced many sex offenders to go into hiding. Law enforcement officers are required to check up on these offenders and confirm that they are being truthful in regards to their registered address. Fortunately for us, local police departments check on the sex offenders in their jurisdictions so the Johnson County Sheriff's Office does not have to check on all of the offenders in the county. 4. Although the state compensates county jails for housing parole violators, they do not do so for probation violators. When probation violators are sent to jail, they often sit for 30 days before the courts or their parole officers decide whether they will continue on probation or will serve out the rest of their sentence. I advocated for the 30-day process to be sped up with compensation provided to the county jail. 5. I also advocated for the state to implement harsher offenses for people who get a fourth, fifth or even sixth OWI in a 12-year period. There are offenders out there that continue to violate this law, and it should not be capped at a third offense. We still lose too many people in car crashes in which alcohol is involved. 6. I advocated for more spending when it comes to mental illness. I look at solving jail overcrowding as a large pie, and one piece of the pie is the mental health diversion program. We are lucky to have Dr. Malinda Lamb running this program. Since July 2005, there have been 19 people diverted. Another piece might be the agreement between the county and MECCA to conduct substance abuse assessments at the county's expense for the indigent when the assessment is required by law. These alternatives alone will not solve the overcrowding of the Johnson County Jail, but I hope they will slow the growth of the jail population. The jail space needs to be used to keep our society safe and to house inmates because we fear them and not because we are mad at them. I welcome open debate on the laws and jail overcrowding and always will. I think it is a community problem but there are plenty of other counties in Iowa that struggle with jail overcrowding as well. Lonny Pulkrabek is the sheriff of Johnson County.