STATE SHIFTS FOCUS ON DRUG CRIMES

Pence Urges Treatment Over Prison

FRANKFORT, Ky. - Gov. Ernie Fletcher's administration wants to put more
drug offenders into treatment instead of prison and expand the state's
network for treating people with substance-abuse problems.

As part of that goal, the state plans to cut the number of nonviolent
offenders behind bars and may defer opening a 1,000-bed prison under
construction in Elliott County, said Lt. Gov. Steve Pence, who also is
Fletcher's justice secretary.

Pence also plans to eliminate by April1 a backlog in testing evidence at
state crime laboratories, expand the use of drug courts, and conduct a
comprehensive review of the state's drug problems and the resources to
combat them.

Pence's proposals, outlined last week before the Senate Judiciary
Committee, drew praise from lawmakers and advocates for the emphasis on
drug treatment. But a possible delay in opening the $90million prison,
scheduled for completion in June, shocked House Democratic Leader Rocky
Adkins, D-Sandy Hook, who represents the area.

"This is going to be a big economic impact on Elliott County and the whole
region," Adkins said. "I'm going to do everything I can to keep that
project on schedule."

Pence said he knows the 300 jobs that the prison will create are important,
but he said need, not jobs, should dictate when the prison opens.

"I don't think we can let that be our driving force on our rate of
incarceration," Pence said. "Somebody has to pay for this."

The state's prisons now house about 11,900 inmates - about 400 under
capacity, said Corrections Commissioner John Reese. Keeping people out of
prison saves the state the annual cost of about $17,200 per inmate, Reese said.

"It's going to be cheaper in the long run," he said.

As for expanding treatment, Pence said he knows that state funds are tight,
but treatment - at the cost of about $5,000 a year - is cheaper and more
effective than prison.

"I believe that if we have to take money from somewhere else and put it in
treatment, we'll have to do that," Pence said in an interview Friday.

Advocates say expanding treatment is long overdue in the state. An
estimated 348,000 people have a substance-abuse problem - drugs, alcohol or
both. Last year, 22,000 people received substance-abuse treatment,
according to Kentucky's Health and Family Services Cabinet.

The state has nowhere near the resources to handle demand, said Karyn
Hascal, acting director of the state Division of Substance Abuse.

"We're pretty busy trying to Band-Aid the system and deal with the lines of
people at the door," Hascal said.

Most people are served through the state's 14 regional community mental
health programs, which keep long waiting lists for people seeking
treatment. The state spends a little more than $20million a year, mostly
federal money, for prevention and treatment.

Louise Howell, executive director of Kentucky River Community Care, the
regional mental health center for southeastern Kentucky, said her area has
been ravaged by abuse of OxyContin, the highly addictive prescription
painkiller.

"It has had a devastating effect on our community," she said. "And there
are no treatment beds."

Among Pence's other plans:

Eliminate a backlog at the state police crime laboratories, where lengthy
delays in having evidence analyzed have stalled prosecutions, especially of
drug offenses. Pence said that if the backlog is not cut by April1, he will
move the labs directly under the Justice Cabinet for closer supervision. He
added, however, "I have been assured that backlog will be gone by April1."

Pence, who supervises the state police and is acting state police
commissioner, said the lab has hired two additional chemists with federal
funds. The lab also will be able to eliminate tests in cases in which a
drug defendant agrees to plead guilty and field tests performed by an
officer will suffice.

Expand Kentucky's handful of drug courts now operating in Jefferson and
several other counties. The courts steer more offenders into treatment and
provide supervision.

Undertake a comprehensive review of the state's drug problem and resources
available to fight it and provide treatment. Pence said he hopes to have
that done within 20 weeks.

Reorganize the various legal offices under the Justice Cabinet - including
state police, corrections and juvenile justice into a single legal
department. Pence said he wants to operate more efficiently and try more
cases in-house, rather than awarding contracts to outside lawyers.

Pence's proposal to expand drug treatment is getting the most attention
from lawmakers and others.

His goals met with an enthusiastic reception from members of both parties
when he outlined them Thursday before the Judiciary Committee.

Sen. Gerald Neal, D-Louisville, said he was heartened by the prospects of
better treatment for drug and alcohol offenders. "Getting tough alone is
not sufficient," he said.

Sen. Katie Stine, R-Fort Thomas, said she is especially concerned about a
growing heroin problem in Northern Kentucky that has led to several
overdose deaths among young people.

"There isn't enough treatment in Kentucky for juveniles," she said. "We're
sending them all to Ohio for treatment."

Charlotte Wethington, a retired Northern Kentucky teacher, said her son
Casey, a 23-year-old college student, died of a heroin overdose in August
2002. She's now co-chairwoman of a group called People Advocating Recovery,
and she hopes the state succeeds in expanding treatment.

"Recovery is possible only if you get treatment," Wethington said.

Drugs of choice vary throughout the state. Pence told the committee that
OxyContin and other prescription drugs are favored in Eastern Kentucky,
while methamphetamine remains popular in Western Kentucky, and cocaine in
urban areas.

But a theme throughout the state is the lack of treatment resources.

Kentucky has funds to treat only a small portion of people about to be
released or who have been released from prison for drug and alcohol
problems, said Dr. Rick Purvis, who oversees substance abuse for the state
Corrections Department. At least 60percent of those incarcerated have a
drug or alcohol problem, he said.

"The underlying issue, which is not being addressed, is substance abuse,"
Purvis said.

Mental health advocate Sheila Schuster, among those who have long argued
for a better system of drug and alcohol treatment in Kentucky, said she is
"thrilled" to hear of Pence's support for treatment.

But she said the state needs to take a broader approach and include those
who suffer from a drug or alcohol addiction and don't get into trouble with
the law. "Don't forget the system of care for those who have not committed
a crime," she said.

The state also should rethink the way it funds drug- and alcohol-abuse
treatment, Schuster said. Kentucky does not use Medicaid money for
substance-abuse treatment - although it could, and it would receive 70cents
in federal money for every 30cents it spends.

Because Medicaid doesn't pay for substance-abuse treatment, the state is
forfeiting potential federal money, and the many poor people who are
mentally ill and have a drug or alcohol problem do not receive the full
treatment they need, she said.

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HIGHLIGHTS

More drug offenders in treatment instead of prison.

Reduce state's inmate population of about 12,000.

Defer opening prison being built in Elliott County.

Eliminate case backlog at state police crime laboratories by April1.

Review state's drug problems and resources available to combat them.

Stress education to prevent child drug abuse