NO PRISON FOR DRUG OFFENSES?

With a housing crisis for Utah's prison inmates on the horizon -- and not
enough money to avert it -- state officials have begun to question what to
do with the mounting number of drug offenders behind bars.

Members of Utah's Sentencing Commission, which convened Wed-nesday at the
Capitol, indicated the crunch has forced them to explore alternative forms
of punishment for nonviolent drug offenders.

"We will look at that closely . . . [whether] they can be safely diverted,"
said Ed McConkie, the commission's director.

Drug offenders represent the largest and fastest-growing segment of Utah's
prison population, according to Corrections department researcher Cliff Butter.

Beginning in the early 1990s, America's war on drugs sent the number of
prisoners skyrocketing, and Utah was no exception. In 1990, 88 Utah
defendants were sentenced to prison for felony drug convictions; by 2000,
the number had swelled to 654.

On Jan. 1, 1,280 inmates were serving sentences on drug convictions, nearly
one-fourth of Utah's 5,777 prisoners at that time.

"Prosecutors [are] not plea bargaining down," said Utah Deputy Attorney
General Kirk Torgensen. "When it comes to the [methamphetamine] labs, we
have to be very serious."

Last year, 37 drug dealers were sentenced on first-degree felonies, which
carry terms of up to life in prison, Butter said.

Inmates convicted of property crimes are the third-largest category, at
1,215, although authorities say many thefts are committed to fund drug
addictions.

While drug and theft convictions have soared, the number of violent crimes
has decreased slightly during the past three years, according to statistics
presented to the commission.

"We had almost zero growth" in violent crimes such as rape, murder and
aggravated assaults, Butter said. "That is almost unheard of."

Still, state prison facilities are on the verge of being overcrowded. More
than 200 beds are unoccupied, but Corrections officials maintain the
reserves are vital so they can safely transfer and move inmates.

Butter calls the cushion "wiggle room" and says it will be wiped out by
next year if the prison grows by 324 inmates, as is projected. Without the
safety margin, the prison environment for corrections officers "will be
more dangerous."

With the current annual cost of housing an inmate at $23,000 a year, a
commission subcommittee will examine less expensive options, such as
electronic monitoring, drug court programs or day reporting centers. The
commission also intends to investigate Utah's absconding law, passed in
1996, which makes it a third-degree felony for any paroled inmate to leave
the area or state without first notifying his parole officer. Almost half
the 470 inmates who violated their parole in 1998 were convicted of
absconding and sent to prison, Butter said.

Before the change, violators were convicted of misdemeanors and served
sentences about six months shorter than the terms served now, Butter said.

The commission will study the new statistics before recommending any
changes. During the Legislature, Mike Chabries, Corrections' executive
director, and others repeatedly warned lawmakers of a potential bed
shortage. Chabries' administration asked for $195 million to operate next
year, which included funding for 193 bed contracts with county jails. The
Legislature allotted $184 million.