PULKRABEK: EASE PENALTIES FOR PUBLIC INTOX, MARIJUANA

Johnson County Sheriff Speaks Before Skeptical Legislative Committee

DES MOINES - A county sheriff asked lawmakers Wednesday to modify
state law to allow some drunk people to simply sleep it off and to
ease penalties for those caught with small amounts of marijuana.

Johnson County Sheriff Lonny Pulkrabek spoke to a legislative
committee looking at reforms in the state's criminal sentencing
system. He said police in college towns face unique problems that
require a unique approach.

"They come here to get an education, but I'm concerned that when they
leave, they leave with a degree and a criminal record," Pulkrabek said.

He said it isn't surprising that many young people who leave home for
the first time experiment with alcohol.

Under his proposal, if police find someone who is drunk in public but
not causing any problems and is not a threat to anyone, then the
officer would have the discretion to take the person to a detox
center and leave them overnight.

In the morning, they would be sent home with a warning.

Currently, those arrested for public intoxication are taken to jail
and locked up. The issue becomes even more complicated with those who
are very intoxicated, Pulkrabek said.

"When they are very intoxicated they require more supervision and we
are not medical personnel," he said.

It's also a money issue because jails are jammed.

"We're shipping prisoners to other counties," he said.

People taken to a detoxification center would be supervised by
trained medical staff who could spot potential problems, Pulkrabek said.

For people caught with a small amount of marijuana, they are
typically charged with a serious misdemeanor, which requires they be
taken to jail.

Pulkrabek said the charge should be changed to a simple misdemeanor,
which would allow officers to issue a ticket and send the person on their way.

"I'm not advocating legalizing marijuana, I just think you should
treat these people differently than someone who is walking around
with a couple of pounds," he said.

Few lawmakers were persuaded by Pulkrabek's arguments.

Rep. Clel Baudler, R-Greenfield, a retired state trooper, said the
Legislature would not consider the proposals.