DRUG COURT DOESN'T NEED A 'STICK'

In House Republican leader Galen Fox's April 23 letter to the editor, he
made reference to a prison carrot and stick. Drug addicts to not respond
to punishment. I am an addict. I do not want to be an addict, but I am.
There is no cure.

Once an addict relapses, his addiction takes control. The threat of
punishment does not prevent relapse. Problem solving, coping skills,
anger management and life skills do. These skills are taught in drug
rehab programs and in our grade schools.

Relapse is a natural part of recovery. Relapse repeats itself.
Therefore, drug addicts are naturally repeat offenders -- and
repeat-offender statutes increase prison time and create a bigger stick.

Punishment is no more a deterrent to an addict than it is to an
epileptic.

In Fox's statement concerning drug offenders, " ... almost all such
persons currently receive probation, not prison," he is obviously
unaware of how the judiciary works.

Addicts sit untreated in OCCC for three to six months, sometimes longer,
before reaching trial date. Probation does not occur until then. An
addict cannot get a probation officer referral until the addict is
actually on probation. Most programs will not touch an addict until he
receives a referral. This guarantees payment.

In Fox's statement concerning prison overcrowding, "naive" is his choice
of words to describe the premise that prisons are overcrowded with
first-time drug offenders (nonviolent). His safety net here is the word
"first."

For Fox's education, this is how it works. Day one, arrest. Days two and
three, HPD cellblock to court. Bail is confirmed ($5,000 and up). The
addict is transported to OCCC, processed and housed. Approximately seven
days later, the addict faces a preliminary hearing. This is where
witness statements determine if the court will hold the offender for
trial. Approximately three to four weeks later, the inmate appears
before court TV in module 9 for arraignment and plea. A not-guilty plea
(per advice from the Public Defender's Office) is entered.

A trial date and a motion's deadline is then set for five to seven weeks
off. One week before trial, the addict is taken before court for court
call. This is to determine if the defense is ready for trial and to
begin jury selection. It is at this point that plea bargains are made.

Finally, Fox is correct: Most nonviolent drug offenders are placed on
probation (with time served). However, this does not officially begin
for another two months. In order to implement this plea bargain, a
presentence report must first be made. This requires an investigation on
behalf of the probation department and a visit to the prison to
interview the addict.

All in all, the addict has now spent four and a half to six months in
prison awaiting drug treatment.

Drug addiction on a global level threatens civilized man. The mention of
a rainy-day fund being diverted does not begin to address the
hurricane-strength winds that addiction has caused in the State of
Hawai'i. Let's not drop the ball to pick up the stick. Addicts belong in
treatment programs, not prison beds.

Michael Spiker
Addict/inmate, OCCC