TO TREAT OR LOCK UP: SENATE BACKS NEW DRUG-OFFENSE POLICY

The Conservative, Republican-Controlled, Tough-On-Crime Utah Legislature
Apparently Has A Nurturing Side.

So it seemed Tuesday when senators advanced a measure aimed at taking a new
approach to drug-addicted criminals: steering them toward treatment rather
than locking them up.

"Drug addiction responds to treatment," said Sen. Chris Buttars, R-West
Jordan and sponsor of the bill. "In many ways these offenders are victims
themselves. They never intended to get into this."

He said if the Legislature goes along, it could revolutionize the state's
approach to crime, diverting hundreds of prison-bound criminals into
treatment. Not only could it save millions of dollars, he added, it also
would be more humane.

Buttars, known as a rock-ribbed conservative, was not the only Republican
who seemed to bleed a bit from the heart.

"We have to find a way to reach those that have fallen victim to drugs,"
insisted Sen. James Evans, R-Salt Lake City, another stalwart Senate
conservative. "How much more is it costing us to not address this problem?"

Senators then voted unanimously in favor of the measure. The bill requires
a second Senate vote before it could advance to the House.

Senate Bill 21 does not dictate to judges that drug-addicted criminals be
treated rather than incarcerated. It leaves sentencing up to the discretion
of judges but ensures that more information about a convicted felon's
substance-abuse problem be presented to the court. Beginning July 1, anyone
convicted or pleading guilty to a drug felony would undergo screening and
assessment for drug abuse prior to sentencing.

The mandate would expand next year to include the screening and assessment
for all convicted felons, whatever their crime.

Ron Gordon, of the state Commission on Criminal and Juvenile Justice
(CCJJ), said support for a different approach to drug-addicted criminals
has not popped up overnight and isn't unique to Utah.

"A lot of states started to look at this because of budget problems, and as
they looked at it, they realized it was just the right thing to do," Gordon
said.

The CCJJ worked closely with state corrections officials and lawmakers last
summer examining the current system. Cost savings was a big part of the
allure of emphasizing treatment, leading eventually to enthusiastic
endorsement by the Law Enforcement and Criminal Justice Interim Committee,
of which Buttars is Senate chairman.

Buttars urged fellow lawmakers Tuesday to imagine taxpayer savings if
one-third of the state's 5,700 prisoners could be diverted to treatment
programs. The treatment alternative costs an average of $3,500 annually per
person, as opposed to $30,000 to keep a person in prison for a year -- a
potential savings of more than $50 million.

Moreover, it could free up hundreds of beds for violent criminals and sex
offenders and ultimately allow the state to put off building new
multimillion-dollar prisons.

But Buttars acknowledged it will cost taxpayers a significant upfront
investment to realize the benefits.

The bill carries an estimated price tag of more than $1 million. But the
real cost would be nearly $6.5 million because of the need for a dramatic
increase in treatment programs.

Gov. Olene Walker did not include the funding in her budget, but
spokeswoman Amanda Covington said she likes the concept of drug courts in
the state, where treatment is emphasized over prison time. "And she feels
that it is a good bill."