Pubdate: Sun, 01 Mar 2009 Source: Union Leader (Manchester, NH) Page: Front Page Copyright: 2009 The Union Leader Corp. Contact: http://www.theunionleader.com/ Details: http://www.mapinc.org/media/761 Note: Out-of-state letters are seldom published. Author: Katherine D. Rogers Note: Katherine D. Rogers is Merrimack County Attorney. Cited: Law Enforcement Against Prohibition http://www.CopsSayLegalizeDrugs.com Bookmark: http://www.mapinc.org/find?166 (Law Enforcement Against Prohibition) Referenced: http://www.mapinc.org/drugnews/v09/n212/a03.html JAIL IS RIGHT PLACE FOR MANY DRUG OFFENDERS The three members of Law Enforcement Against Prohibition (LEAP) quoted in last Sunday's article "Opposing the drug laws they enforce" have presented a superficial and misleading picture of New Hampshire's criminal justice system. I believe they do a disservice to the community by oversimplifying the issues and omitting some basic facts with which each of them, as law enforcement professionals, should be familiar. It is plainly not the case that "we treat drug addiction as a criminal problem," as Epping Police Officer Bradley Jardis says. Our law draws a clear distinction between addiction and possession or trafficking of drugs. It is not a crime to be an addict, just as it is not a crime to be an alcoholic. Rick Van Wickler, superintendent of the Cheshire County Jail, estimates that "13 percent of the inmates at his facility are non-violent drug offenders." He does not define what he means by "non-violent drug offender." Based on my experience and my review of statistics from the Merrimack County Jail, I suspect that the 13 percent figure includes people who, in addition to committing "pure" drug crimes such as possession or trafficking also committed additional non-drug crimes like burglary, receiving stolen property, forgery, habitual offender, assault, and resisting arrest. I further suspect that of those serving jail time solely for drug crimes, the vast majority had a substantial prior criminal history that played a role in landing them in jail. It is also important to distinguish between the two groups of inmates at any jail -- those who are awaiting trial and those who are serving sentences. Strictly speaking, pre-trial inmates are not in jail because they committed a crime. They are there because the court found they posed a significant risk of flight or danger to themselves or the community. In my experience, persons whose only pending charges are for drug offenses are among the least likely to be detained pre-trial. Sentenced inmates are the only ones in jail because of a conviction. And as noted earlier, it generally takes much more than a single drug conviction to put a person in jail. Recent statistics from the Merrimack County Jail present a quite different picture from the one advanced by the three LEAP members. At the end of January, we had 90 sentenced inmates. Eleven had sentences for drug-related convictions. But of those 11, six also had other non-drug-related convictions or probation violations contributing to their jail sentences. This means that only five inmates (5.6 percent) were serving sentences based solely on drug-related convictions. With regard to pre-trial inmates, out of 236 inmates, 43 had new drug charges listed as the pending offense. Of these 43, 29 had other non-drug-related substantive offenses also listed as pending offenses, so only 14 were being held solely on drug-related charges, which comes to 5.9 percent. When we look at the criminal histories of sentenced and pre-trial inmates who had solely drug-related offenses as the basis for detention, we find that for the most part they each had substantial criminal histories. The fact that a burglar or thief was motivated by a drug habit does not lessen the importance of protecting the community from this person. For those with alcohol or chemical dependency problems, jail provides an environment where they can get straight for awhile and thus become more receptive to treatment programs. (Many drug-dependent persons wind up in jail after community-based programs have failed to alter their behavior.) Superintendent White says of drug offenders, "I don't think jail is the best place for them." What he leaves out is the fact that for some offenders, jail is the only way to ensure that society is protected. And for other offenders, jail is the brick wall at the end of the road that gets them to take treatment and rehabilitation seriously. When a person is convicted of any crime, the prosecutor makes a recommendation to the court as to what sentence, if any, would be appropriate. The final decision is up to the judge. To my knowledge, New Hampshire prosecutors take their responsibility in this regard seriously, as do the judges. They do not send drug offenders to jail unless they believe it's necessary for protection of the community and for individuals' rehabilitation. - --- MAP posted-by: Jay Bergstrom