Alternatives to Incarceration

Dear Friend, Today the United States Sentencing Commission will be meeting in Washington, D.C. to establish its priorities for the 2009-2010 program year. In preparation for this meeting, the Commission has invited interested parties to recommend areas of focus on federal sentencing policy. On August 5, The Sentencing Project submitted a letter to the Commission highlighting four areas of attention. Our recommended issue areas are the following: 1. Prepare a Report for Congress on the Impact of Federal Mandatory Minimum Sentences - The last substantial report produced on mandatory sentencing is now nearly 20 years old. We recommend a fresh examination of these issues, including the impact of mandatory sentencing on public safety and racial disparity, and the utility of the federal "safety valve" sentencing provision. 2. Continue Recent Activity in the Area of Cocaine Sentencing Policy - The Commission should continue to play an active role in Congressional deliberations regarding changes in the penalty structure for crack and powder cocaine sentencing. 3. Prepare a Report for Congress on Alternatives to Incarceration - Building on evidence that alternatives are underutilized in the federal system, particularly for drug offenses, the Commission should examine options for expansion of alternatives and guidelines restrictions that need to be reconsidered. 4. Examine the Impact of Time Served in Prison on Crime, Costs, and Disparity - Between 1993 and 2006 time served in prison for federal offenses increased by 44%. The Commission should examine these changes to assess their value and cost regarding public safety outcomes. We hope you find these recommendations useful in your work, and we will keep you posted regarding the priorities established by the U.S. Sentencing Commission. -The Sentencing Project

For Immediate Release: October 20, 2008 Contact: Margaret Dooley-Sammuli at (213) 291-4190 or Tommy McDonald at (510) 229-5215 California Society of Addiction Medicine Endorses Proposition 5: Treatment Community Unifying Behind Measure SACRAMENTO, October 20 – The California Society of Addiction Medicine (CSAM) has endorsed Proposition 5, the Nonviolent Offender Rehabilitation Act. The association of physicians specializing in addiction treatment will be discussing the measure at their annual gathering in Newport Beach this week. Prop. 5 would significantly expand access to drug treatment for young people, nonviolent offenders and California’s prison and parole populations. Dr. Judy Martin, president of CSAM, said, “We have tried incarceration as a primary response to addictive illness for decades and it has failed utterly. Prop. 5 marks a historic shift towards a treatment approach for nonviolent drug offenses. Decades of research and experience show that addiction responds very well to treatment. By reducing addictive behavior, treatment also reduces drug-motivated crime. Now is the time for our policies to reflect that fact. Prop. 5 will bring our response to addiction in line with the science, while protecting public safety.” Dr Martin continued, “Successful addiction treatment holds individuals accountable for their behavior. Prop. 5 gets that right, too, by incorporating sanctions in the community and jail sanctions. Prop. 5 enhances the court’s authority to determine who should and shouldn’t participate in court-supervised treatment and to hold those people accountable during treatment.” California spends $10 billion each year to operate state prisons, but little of that money goes to treatment or rehabilitation for inmates. According to the Department of Corrections and Rehabilitation, more than 140,000 of the 170,000 people in prison in California have a drug problem. The Legislative Analyst’s Office calculates that Prop. 5 will lower incarceration costs by $1 billion each year and will cut another $2.5 billion in state costs for prison construction. This doesn’t include savings related to reduced crime, lower social costs (e.g. emergency room visits, child protective services, welfare), and increased individual productivity. Dr. Martin continued, “California cannot continue with its failed policies toward addiction. Now is the time to invest in what we know works to reduce addiction-motivated crime – drug treatment.” For more information, visit www.Prop5Yes.org and www.csam-asam.org.

[Courtesy of Angus Reid Strategies] [VANCOUVER – Jul. 16, 2008] – Canadians are open to the idea of having some non-violent offenders punished with alternative penalties rather than prison, but reject the scheme being applied to cases of credit card fraud, drunk driving and arson, a new Angus Reid Strategies poll has found. In the online survey of a representative national sample, seven-in-ten respondents (70%) would like to see the justice system using alternative penalties—such as fines, probation, or community service—rather than jail to punish non-violent offences. Four-in-five respondents (80%) think that personal marijuana use should not be punished with a jail sentence, but rather with an alternative penalty. However, most respondents disagree with granting this option to persons convicted for other non-violent offences: 62 per cent of respondents oppose using alternative penalties for credit card fraud; 72 per cent oppose this rationale for drunk driving convictions; and 84 per cent oppose it for arson. Respondents living in Ontario (74%) are more likely to support the idea of sentencing non-violent offenders through alternative reform programs. Ontarians are also the most inclined to support alternative penalties for personal marijuana use (85% compared to 73% in Alberta, the lowest regional level). Albertans are adamantly opposed to granting alternative penalties to credit card fraud offences (72%), drunk driving (85%) and arson (92%). Conversely, two-in-five respondents in Quebec would support punishing credit-card fraud and drunk driving with sentences other than jail. Overall support for alternative penalties for non-violent offences is higher among respondents with at least one university degree (78%), those in the middle-income bracket (73%), and those over the age of 55 (74%). This is the third in a series of four Angus Reid Strategies surveys that look at the way Canadians feel about their justice system. CONTACT Mario Canseco, Director of Global Studies, 604-647-3570, [email protected]. For more information, see: http://angusreidstrategies.com/uploads/pages/pdfs/2008.07.16_JusticeIII.pdf.

[Courtesy of Drug Policy Alliance] For Immediate Release: April 7, 2008 Contact: Margaret Dooley-Sammuli (213) 291-4190 Hundreds to Celebrate Prop 36 at California Capitol Third Annual “Prop 36 Works!” Rally Counts Lives and Dollars Saved Wednesday, 11-1pm: Rally and March in Capitol Park Sacramento – Clients, graduates and supporters of Proposition 36, California’s treatment-instead-of-incarceration law, will gather at the Capitol on April 9 to celebrate seven years of the groundbreaking program’s success. Hundreds of rally participants will represent the over 84,000 people who have graduated from the program in the last seven years—and call attention to the over $1.5 billion saved by Prop 36 so far. Many participants at Wednesday’s rally are in recovery rather than jail thanks to Prop 36, and have come from around the state to show their support for the program and for treatment rather than incarceration. After the outdoor rally, the crowd will march and then enter the Capitol Building to leave that message with their legislators. WHAT: Prop 36 Works! rally WHEN: Wednesday, April 9, 11a.m. rally ; 1p.m. march. WHERE: North steps, California Capitol Building, Sacramento. WHO: Prop 36 graduates from across California, Parent advocates for Prop 36, Formerly incarcerated people & advocates, Legislators The Drug Policy Alliance, sponsor of the event, was instrumental in the campaign to pass Prop 36 in 2000 and continues to work to protect the program. Co-sponsors represent the wide support for the program: California Association of Alcoholism and Drug Abuse Counselors (CAADAC), California Association of Addiction Recovery Resources (CAARR), California Association of Alcohol and Drug Program Executives (CAADPE), California Society of Addiction Medicine, The Effort, & NCADD Sacramento. Other supporters include: A New PATH (Parents for Addiction Treatment & Healing), All of Us or None, Alpha Project, Beacon House Association of San Pedro, California Church IMPACT, Coalition for Effective Public Safety (CEPS), County Alcohol and Drug Programs Administrators Association of California (CADPAAC) & Justice Now. For more information, visit: www.prop36.org.

For Immediate Release: July 23, 2007 Contact: Margaret Dooley at (213) 291-4190 or Dave Fratello at (310) 394-2952 Al Gore III Faces Up to Three Years in Prison for Drug Possession; Californians Favor Alternatives to Incarceration CA Law Offers Treatment to 36,000 Nonviolent, Low-level Drug Offenders—Famous and Not—Every Year Gore Heads to Court as CA Senate Debates Budget Cuts to Prop. 36 LOS ANGELES, July 23 – Al Gore III, the 24-year-old son of the former vice president, is facing more than three years in prison for simple drug possession following an arrest in Southern California earlier this month. Advocates call for Gore to receive what most nonviolent, low-level drug offenders in California do—community-based treatment instead of incarceration under Prop. 36, passed by 61% of voters in 2000. The DA of Orange County will determine Gore’s eligibility for the program in the next couple of weeks. Margaret Dooley, Prop. 36 Coordinator for the Drug Policy Alliance, said, “It is a tragedy when anyone enters the criminal justice system—rather than the healthcare system—because of drug use. Thanks to Prop. 36, people in California can address those problems, without adding the trauma and stigma of incarceration. We hope the court will find that Gore is one of the tens of thousands who could benefit from Prop. 36 this year.” Over 36,000 people—famous and not—benefit from Prop. 36 each year. Daniel Baldwin, brother of Alec Baldwin, last week told Larry King that Prop. 36 intervened in his long-term cocaine addiction and allowed him to access the treatment he needed. His story is similar to that of Rudy Mendez, a not-so-famous resident of San Diego, who entered Prop. 36 to treat his long-term addiction to heroin, and has been sober for five years. Both men are now spokesmen for recovery and work with others to spread the news that “Recovery Happens!” and that one way to get there is Prop. 36. Gore’s arrest and Baldwin’s interview come just as the California Senate considers cutting funding to Prop. 36, in exchange for hefty tax breaks for large corporations. Advocates say the plan to cut funding to the life-saving and cost-effective program is a slap in the face of California voters. In 2000, 61 % of California voters approved Prop. 36, permanently changing state law so that all eligible nonviolent drug possession offenders must be given the option of state-licensed treatment. In just six years, over 70,000 Californians have graduated Prop. 36 and taxpayers have saved $1.8 billion. For more information, visit www.Prop36.org. To see Larry King interview Daniel Baldwin about his addiction and Prop. 36, visit http://edition.cnn.com/video/#/video/bestoftv/2007/07/19/lkl.daily.daniel.baldwin.cnn # # #

For Immediate Release: May 10, 2007 Contact: Margaret Dooley, tel: (858) 336-3685 or Dave Fratello, tel: (310) 394-2952 Ahead of Monday Budget Release, Advocates Urge Gov. to Increase Drug Treatment Funding

MEDIA ADVISORY: April 17, 2007 Contact: Margaret Dooley (858) 336-3685 Hundreds of Prop. 36 Grads Rally at Capitol to Celebrate Program’s Success Treatment-Not-Incarceration Program Has Graduated Over 70,000 Californians and Saved Taxpayers Over $1.5 Billion in Six Years

[Courtesy of the Sentencing Project] Dear Friend: The Sentencing Project has released a new study reporting growing momentum for sentencing reform designed to limit prison population growth and reduce ballooning corrections budgets in the United States.

JPI is please to announce the release of our latest policy report, "Progress and challenges: An analysis of drug treatment and imprisonment in Maryland from 2000-2005." The report, authored by Kevin Pranis, shows that while many Maryland jurisdictions are making progress towards the goal of providing "treatment, not incarceration" for nonviolent substance abusers, the state's investments in treatment have not kept pace with demand, and the state spends far more to imprison people convicted of drug offenses than it spends to treat drug involved people through the criminal justice system. The report was covered in The Washington Post, The Associated Press, The Baltimore Sun, The Carol County Times, The Maryland Daily Record, and other papers and electronic media across the state, and in Washington, DC.

From the Drug Policy Alliance: Latino Leaders Take Position Against Drug War Tuesday, September 12, 2006 Last week in Los Angeles, 2,000 Latino activists and leaders from all over the U.S. gathered to set a political agenda at the National Latino Congreso. One of the issues they took on was the war on drugs, resulting in the unanimous passage of a resolution to investigate the real cost of the drug war.