Fact 10: Most non-violent drug users get treatment, not just jail time.

• There is a myth in this country that U.S. prisons are filled with drug users. This assertion is simply not true. Actually, only 5 percent of inmates in federal prison on drug charges are incarcerated for drug possession. In our state prisons, it’s somewhat higher—about 27% of drug offenders. In New York, which has received criticism from some because of its tough Rockefeller drug laws, it is estimated that 97% of drug felons sentenced to prison were charged with sale or intent to sell, not simply possession. In fact, first time drug offenders, even sellers, typically do not go to prison.

• Most cases of simple drug possession are simply not prosecuted, unless people have been arrested repeatedly for using drugs. In 1999, for example, only 2.5 percent of the federal cases argued in District Courts involved simple drug possession. Even the small number of possession charges is likely to give an inflated impression of the numbers. It is likely that a significant percentage of those in prison on possession charges were people who were originally arrested for trafficking or another more serious drug crime but plea-bargained down to a simple possession charge.

• The Michigan Department of Corrections just finished a study of their inmate population. They discovered that out of 47,000 inmates, only 15 people were incarcerated on first-time drug possession charges. (500 are incarcerated on drug possession charges, but 485 are there on multiple charges or pled down.)

• In Wisconsin the numbers are even lower, with only 10 persons incarcerated on drug possession charges. (769 are incarcerated on drug possession charges, but 512 of those entered prison through some type of revocation, leaving 247 entering prison on a “new sentence.” Eliminating those who had also been sentenced on trafficking and/or non-drug related charges; the total of new drug possession sentences came to 10.)

Policy Shift to Treatment

• There has been a shift in the U.S. criminal justice system to provide treatment for non-violent drug users with addiction problems, rather than incarceration. The criminal justice system actually serves as the largest referral source for drug treatment programs.

• Any successful treatment program must also require accountability from its participants. Drug treatment courts are a good example of combining treatment with such accountability. These courts are given a special responsibility to handle cases involving drug-addicted offenders through an extensive supervision and treatment program. Drug treatment court programs use the varied experience and skills of a wide variety of law enforcement and treatment professionals: judges, prosecutors, defense counsels, substance abuse treatment specialists, probation officers, law enforcement and correctional personnel, educational and vocational experts, community leaders and others — all focused on one goal: to help cure addicts of their addiction, and to keep them cured.

• Drug treatment courts are working. Researchers estimate that more than 50 percent of defendants convicted of drug possession will return to criminal behavior within two to three years. Those who graduate from drug treatment courts have far lower rates of recidivism, ranging from 2 to 20 percent.

• What makes drug treatment courts so different? Graduates are held accountable to the program. Unlike purely voluntary treatment programs, the addict—who has a physical need for drugs— can’t simply quit treatment whenever he or she feels like it.

• Many state governments are also taking the opportunity to divert non-violent drug offenders from prison in the hopes of offering treatment and rehabilitation outside the penal facility. In New York, prosecutors currently divert over 7,000 convicted drug felons from prison each year. Many enter treatment programs.

• States throughout the Midwest are also establishing programs to divert drug offenders from prison and aid in their recovery. In Indiana, 64 of the 92 counties offer community corrections programs to rehabilitate and keep first time non-violent offenders, including nonviolent drug offenders, out of prison. Nonviolent drug offenders participating in the community corrections program are required to attend a treatment program as part of their rehabilitation.

• In July of 2002, the Ohio Judicial Conference conducted a survey of a select group of judges. The results from the survey demonstrated that judges “offer treatment to virtually 100 percent of first-time drug offenders and over 95 percent of second-time drug offenders.” According to the survey, these percentages are accurate throughout the state, no matter the jurisdiction or county size. The Ohio Judicial Conference went a step further, reviewing pre-sentence investigations and records, which demonstrated that “99 percent of offenders sentenced to prison had one or more prior felony convictions or multiple charges.”

• The assertion that U.S. prisons are filled with drug users is simply untrue. As this evidence shows, more and more minor drug offenders are referred to treatment centers in an effort to reduce the possibility of recidivism and help drug users get help for their substance abuse problems. The drug treatment court program and several other programs set up throughout the United States have been reducing the number of minor drug offenses that actually end up in the penal system. The reality is that you have to work pretty darn hard to end up in jail on drug possession charges.