CERTAIN DRUG OFFENDERS TO GET TREATMENT

Low level drug offenders will soon be required to adhere to mandatory
community supervision for first time offenses following passage of
legislation June 20.

Effective Sept. 1, the bill amends the state penal code giving first time
offenders guilty for possession of less than one gram of certain controlled
substance treatment over incarceration.

The bill's intent is to reduce recidivism and address the crisis of prison
overcrowding, officials said.

"This bill is a step in the right direction as far as we're concerned,"
said Ann del Llano, a Midland native and legislative liaison for the ACLU.
"By putting them in treatment we're saving families and reducing crime in
the future. We're forcing people to improve their lives instead of just
sending them to prison."

Statewide, approximately 4,040 first time, low level drug offenders will be
shifted from state jails to community supervision, according to estimates
from the Criminal Justice Policy Council. In 2002, there were approximately
9,130 state jail admissions for possession of a controlled substance, less
that one gram.

In Midland, there are approximately 3,000 individuals serving probation,
said Allen Bell, deputy director of operations for the Midland County Adult
Probation Office. Of this, an estimated 70 percent involve narcotics, he said.

"Most of the people here on probation involve crimes related to drugs and
alcohol," said Bell, adding many of them are first time offenders.

"The majority of drug offenders here are getting probation anyway, so I
don't think it (the bill) will really affect us."

However, the probation office may have to adjust financially following
state cuts to programs locally. Bell said the state cut $67,000 in funds
from the electronic monitoring and education programs the probation office
operates.

The probation office, which operates on a $1.2 million budget, receives
half of their aid from the state. The remaining comes from $40 monthly fees
paid by probationers, Bell said.

"All of these funding cuts are taking away from what we're trying to
offer," he said.

When an individual is sentenced to probation, officers screen the candidate
for the level of assistance they may need. Both outpatient and inpatient
services are offered in addition to various support groups, Bell said.

The bill, authored by Rep. Ray Allen, R-Grand Prairie, and sponsored by
Sen. John Whitmire, R-Houston, is estimated to save the state $30 million,
according to the Criminal Justice Policy Council.