DRUG LAWS UNFAIR AND COSTLY

As a judge for the past 11 years, I've sentenced hundreds to prison for
drug possession or delivery. Like many other Washington judges, I am
troubled by the disproportionate effect the application of our drug laws
has on people of color. The reasons are complex, but we must find solutions.

This basic unfairness, coupled with the oppressive criminal justice costs
to local and state budgets, makes it imperative to institute reforms that
emphasize treatment.

While national figures show that 72 percent of all illicit drug users are
Caucasian, it's clear that the current "tough on drugs" sentencing
structure in Washington state is most devastating to the African American
community. Although they comprise only 3 percent of Washington's
population, African Americans make up nearly one-third of all confined drug
offenders. Judges often see this scenario: A young first-time offender,
often a person of color, is charged with assisting a delivery of .2 of a
gram of crack cocaine near a bus shelter.

Compare this with a packet of sweetener, weighing one gram. The standard
range sentence for this offender, helping in the delivery to get a small
quantity for personal use, is 42 months to -54 months.

Contrast this with the case of a robber who takes property by threat of
force, a "strike" offense under the "three strikes law." Even if this
defendant has an identical prior robbery, he faces a sentence of only 12
months and a day to 14 months.

With such a disparity in the sentences given to drug offenders and others,
the effect on the African American population is staggering. Statewide,
African American males are sentenced for drug offenses at a ratio that is
7.8 times greater than for Caucasian males, far greater than the racial
disparity for other crimes. In King County, African American males are
sentenced for drug offenses at a ratio that is 25 times greater than for
Caucasian males. In Spokane County, the ratio is 13 times greater. In
Snohomish County, the ratio is 5.9 times greater, and in Pierce County, the
ratio is 3.9 times greater.

Does it make sense for our criminal justice system to continue on this
disproportionate path in these difficult fiscal times?

Many experienced judges believe that the majority of those imprisoned for
violating drug laws are drug users who handle very small quantities. The
amount of cocaine and heroin is usually only a fraction of a gram, valued
on the street at $10 to $20. Yet drug crimes are among the few that are not
divided into degrees to reflect the amount involved.

The cost of incarceration is currently $25,547 per year. By comparison, it
costs about one-tenth of that in most areas of the state to provide
treatment through drug courts.

The estimated cost of incarcerating people convicted of drug crimes and
sentenced to prison in 2002 is $177.8 million,796,492. Taxpayers will pay
an average of $75,150 to incarcerate a drug-addicted defendant who delivers
$10 or $20 worth of cocaine.

Are there any solutions?

Based on comments from jurors, who routinely favor education and treatment
over incarceration, it appears that the public already has realized what
works -- drug treatment.

Incarceration costs can be cut significantly by focusing limited resources
where they count most -- by providing treatment for non-violent drug
offenders. This much cheaper option can also reduce recidivism and turn
drug addicts into productive citizens.

As a justice system and as a society, we can rethink old approaches. We
should expand the concept of "partial confinement" for prison inmates to
include far more cost-effective community justice centers operated by the
Department of Corrections.

The department should be authorized to use partial confinement for a longer
period of time for these low-risk offenders. The defendants would report to
the centers in order to complete court-ordered services such as drug
evaluation and treatment and domestic violence evaluation and treatment.
The centers can include job readiness training, literacy training and other
programs defendants need to break the cycle. Then, rather than using
expensive and often ineffective individual supervision in the community,
supervision costs could be eliminated entirely.

We should also extend the community custody portion of the Drug Offender
Sentencing Alternative to 18 months to make sure that defendants actually
complete the drug treatment ordered by the court. The cost is minimal and
the return in reducing recidivism and restoring lives would be substantial.

A portion of our savings should be set aside for treatment through
court-supervised drug treatment programs. Drug courts work. Washington is a
leader, having formed our first drug court more than eight years ago. Today
there are hundreds of drug courts around the country.

These are just three of the suggestions the Superior Court Judges'
Association has made this year to reduce disproportion and incarceration
costs while ensuring that sentences are carried out.

Now is the time to reduce racial disproportion in the way we administer
justice in this state and to save precious dollars. Anything less is an
injustice to all.