BILL TO LESSEN JAIL TIME, INCREASE REHABILITATION FOR DRUG
OFFENDERS

DA To Start Local Drug Court With Similar Aim

SUMMIT COUNTY - Legislation introduced last week at the state Capitol
aims to reduce drug offense sentences while improving rehabilitation
programs; meanwhile, local District Attorney Mark Hurlbert is making
progress toward starting a drug court this year.

Hurlbert was part of a criminal justice group that helped frame House
Bill 1352, which also stiffens penalties for people who deal drugs to
children.

Advocates say the bill would save the state money by emptying prison
beds, and the savings could be used for rehabilitation programs.

"It's only a good idea if the money that is saved is ... used for
treatment," Hurlbert said. "Then I think what we can do is head off a
lot of drug users at the pass and get them on the right track."

Under the bill, illegal marijuana users would be able to carry up to
12 ounces before facing felony charges; the existing cap is 8 ounces.

It would reduce penalties for possession of up to 4 grams of cocaine,
heroine and other highly-potent drugs from a class 4 felony with up to
six years in prison to a class 6 felony with up to 18 months in prison.

Denver District Attorney Mitch Morrissey said he can't see how the
lesser sentences would save the system money, according to an article
in the Denver Post.

State Public Defender Doug Wilson said the bill "had a 100 percent
chance of passing" and that its chief accomplishment would be drawing
a more clear distinction between drug users and drug dealers.

The intention of the bill is similar to that of drug courts, which aim
to handle substance-abusing offenders through supervision, drug
testing and treatment services along with penalties and incentives -
rather than simply jail time.

"We are still going forward," Hurlbert said of a Summit County drug
court, adding that the drug court team is scheduled for training in
April.

Hurlbert said the program's "intensive supervised probation" would
involve himself among a team of people from Summit County Sheriff's
Office, defense attorneys, therapists and more. The team would be
involved with each person to go through the drug court.

Drug court sessions would occur either once per week or every other
week in District Court Judge Karen Romeo's court.

Hurlbert has been working more than a year on the project, which could
also improve efficiencies in the courts.

For example, an offender who fails a urinalysis test for drugs would
be dealt with promptly.

"Rather than now, where probation files a complaint - sometimes it's
months before it's heard - this is immediate," he said, adding that
the judge could put the person in jail for a couple of days or use
other sanctions.

Hurlbert said that with the existing system, people who are addicted
to drugs are often caught for other crimes as well.

"The idea is effective treatment early," he said.

The Denver Post contributed to this article.