Pubdate: Fri, 22 Nov 2013
Source: Tri-City Herald (WA)
Copyright: 2013 Tri-City Herald
Contact:  http://www.tri-cityherald.com/
Details: http://www.mapinc.org/media/459
Author:Tyler Richardson

TRI-CITY OFFICIALS CONCERNED ABOUT DRUG BIL

Tri-City law enforcement officials are concerned about a proposed 
bill in the state legislature to change the way first-time drug 
offenders are charged.

The bill would make possession of nearly an ounce and a half of an 
illegal drug -- 40 grams -- a misdemeanor, rather than a felony.

"It's shocking that someone would propose that," said Richland Police 
Capt. Mike Cobb. "For someone to propose possessing 40 grams of drugs 
as a misdemeanor is just shocking. It's another attempt to remove 
personal accountability from the law."

The bill's sponsor, state Rep. Sherry Appleton, D-Paulsbo, doesn't 
want first-time drug offenders with no criminal history to have to 
carry the burden of a felony conviction for their entire lives, she said.

Too many people are locked up in prisons across the U.S. for drug 
possession, she said.

"The last thing you want on your record is a felony," Appleton told 
the Herald on Friday. "You become part of a permanent underclass. We 
have unintentionally developed an underclass that will never ever get 
out of that. I think that is absolutely absurd."

Officials around the Tri-Cities called Appleton's bill irresponsible, 
concerning and a bad piece of public policy.

They say it wouldn't hold offenders accountable for their actions and 
could increase recidivism rates. They stressed that 40 grams of hard 
drugs such as methamphetamine, cocaine and heroin is too much for personal use.

Hard drugs fuel a majority of crime in the area and the current law 
is appropriate for drug offenders, they say. The majority of cases 
where people are arrested for drug possession involve other crimes. 
Currently, it's a felony in Washington state to possess any amount of 
methamphetamine, heroin, cocaine or other illegal controlled substances.

Pasco Police Chief Bob Metzger believes the proposed bill opens the 
door to the legalization of all drugs, something he is strongly 
against, he said. It also takes the financial burden off state 
corrections to keep offenders incarcerated and puts the 
responsibility back on local counties.

"I don't think there is a benefit to this," he said. "This is 
something we need to be concerned with. There is no benefit to using 
meth, heroin or cocaine, but we are saying we are going to start 
reducing charges?"

Treatment-based alternative sentencing programs like Benton-Franklin 
Adult Drug Court also give offenders the opportunity to clean their 
record, officials said. Those who qualify have their felony charge 
wiped away if they complete treatment. Many counties across the state 
use the drug court model.

The drug court program has shown Benton County Sheriff Steve Keane 
that a majority of drug offenders need the penalties that go with a 
felony to motivate them to change, he said.

Keane believes defelonizing drug possession gives offenders the 
opportunity to scam the system and continue to commit crimes.

"I don't think that turning your back on crime and focusing on the 
things you think are important is the way to go," he said. "Drugs are 
a huge deal. People commit crimes on drugs and kill people in 
automobile accidents."

Local prosecutors believe the proposed bill would not accomplish much 
because first-time drug offenders don't face prison time anyways, 
they said. The standard range for a first-time drug offender with no 
criminal history is zero to 90 days in a local jail.

The legislation could actually increase the number of violent crimes 
because it would put drug addicts back on the streets, said Benton 
County Prosecutor Andy Miller. Miller believes the treatment options 
Benton County, and other counties across the state, offer as part of 
alternative sentencing are adequate.

"Drugs like meth, cocaine and heroin cause physical and mental health 
problems," Miller said. "A step like this would only increase people 
using and becoming addicted."

Franklin County Prosecutor Shawn Sant doesn't agree with Appleton 
that there are a lot of offenders in prison because of drug 
possession, he said. Seven percent of the male population and 17 
percent of the female population in Washington prisons are serving 
time for drug offenses.

Sant is worried the proposed legislation could lead to more crime and 
hurt local agencies financially, he said.

"The concern for the proposed legislation is that this will do 
nothing to free up the court system," he said. "We are simply moving 
offenders into our district courts, which will take away more money 
from cities and counties as the burden is shifted from the state to 
local level."

The former police chief in Seattle, Norm Stamper, has a different 
view. He thinks the proposed bill will allow law enforcement agencies 
to focus more on violent crimes and give young offenders a chance to 
start over.

Stamper is on the advisory committee for Law Enforcement Against 
Prohibition, or LEAP, an organization focused on legalizing drugs 
while creating a system to regulate, distribute and use them.

Like Appleton, Stamper emphasized that being charged with a 
misdemeanor in district court does hold people accountable and can be 
an effective form of punishment, he said.

"There's an awful lot of experimentation that goes on early in life 
that is abandoned later in life," Stamper said. "But if you get 
arrested and charged with a felony that will affect you for the rest 
of your life -- that is just not right."

Other lawmakers will have the opportunity to consider the bill when 
the new legislative session starts in January, Appleton said.

Appleton is hopeful legislators will realize the impact a felony drug 
conviction can have on a young person's life, she said.

"I have seen this time and time again. Some young person gets caught 
up in this and their life is ruined," she said. "We have to look at 
our laws and find ways to keep people out of prison."
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MAP posted-by: Jay Bergstrom