N.J. PANEL BACKS NEW PROGRAM FOR DRUG TREATMENT

Offenders With Two Or More Convictions Would Be
Eligible For Drug Court And Avoid Going To Jail.

TRENTON - New Jersey should let more drug offenders avoid prison by
expanding drug-treatment programs, a special state commission
recommended yesterday.

The commission, which has been reviewing jail sentencing laws,
determined New Jersey could reduce recidivism and corrections costs by
expanding treatment in lieu of imprisonment.

The commission chairman, retired Judge Barnett E. Hoffman, who helped
organize a drug-treatment program in Middlesex County, said his
experience showed most drug-dependent people want help.

"Unfortunately, there is a paucity of drug-treatment programs in the
country and in New Jersey," he said. "This problem is especially acute
for the impoverished who lack the financial wherewithal to afford
effective treatment."

New Jersey has had a special program since 1997 that helps certain
drug offenders avoid jail. Since 2002, 4,390 people have enrolled,
with 68 percent of them remaining in the program.

The commission wants the governor and lawmakers to allow people who
have two or more convictions to be eligible for the drug court
program. Such people are currently ineligible.

It also proposed early probation discharge for people who for two
years make progress in their treatment and more discretion for judges
in dealing with drug offenders.

The report was praised by Families Against Mandatory Minimums, a
national nonprofit organization that advocates for sentencing changes.

"Many additional nonviolent individuals, whose substance abuse is the
primary contributing factor in the offense, are caught in the net of
mandatory sentencing laws but could be held accountable for their
actions through cost-effective and rigorous treatment and
rehabilitation programs offered by drug courts," said Joseph Greer,
director of FAMM's New Jersey chapter.

The commission also reiterated its December 2005 proposal to reduce
the size of drug-free school zones to 200 feet from the present 1,000
feet.

A commission study found students were involved in only 2 percent of
drug-free school zone cases, and that the zones around schools, parks
and housing projects cover virtually all of some cities, with 96
percent of offenders jailed for zone violations being either black or
Hispanic.

The Legislature has not taken action on that proposal.