SENATE PASSES BILL PUSHING TREATMENT OVER PUNISHMENT FOR DRUG OFFENDERS

Legislation that would keep some drug offenders out of prison but force them
to get treatment cleared the Senate on a 26-14 vote Thursday and headed to
the House.

The measure would require judges to place nonviolent offenders convicted of
nothing more than drug possession into community treatment programs rather
than prison. The state would cover the cost of treatment, which officials
have estimated could be as much as $9.2 million in the next fiscal year.

''This is a vote to reduce crime by breaking the drug addiction cycle,''
said Sen. Pete Brungardt, R-Salina.

Sen. Christine Downey, D-Newton, said this is one of the most controversial
issues of the 2003 session.

Originally, SB 123 was to apply retroactively to July 1, 1993, meaning
around 300 prisoners would have been released, Downey said. However, due to
hesitation from many senators and from Gov. Kathleen Sebelius, Downey said,
the retroactivity was removed, and mandatory treatment will be required only
for new offenders.

Last year, 1,257 Kansans were sentenced who would meet the guidelines of SB
123. Almost 1,000 of them were given non-prison sentences, but without any
treatment, Downey said.

"This is not only good policy for those who are being sentenced to prison,
it is good policy for the vast majority who are already going back on the
streets," Downey said.

Supporters said the measure would create space in Kansas prisons for violent
criminals and delay the need for more prisons for a few years.

But Sen. Derek Schmidt said prisons are crowded because criminals must be
locked up and that leaving offenders at large was not the way to solve the
problem.

''The prison is full not because Kansas locks people up willy-nilly,'' said
Schmidt, R-Independence.

"The relief provided to the prison system is just one of the benefits of SB
123," Downey said. "The new treatment programs will hopefully keep many
first time drug offenders from entering a courtroom again."