PROSECUTORS MAY RETAIN DRUG LAW

A proposal to change a law that requires certain convicted felons to serve
most of their prison time has run into opposition with prosecuting
attorneys. But the opponents may not be successful, despite problems with
overcrowding in Arkansas prisons.

State Department of Correction officials have asked the General Assembly to
change a law, Act 1326 of 1995, that requires people convicted of violent
crimes to serve 70 percent of their sentence. The violent crimes
encompassed by the law include murder, rape, aggravated robbery, causing a
catastrophe, kidnapping and arson.

In general, the public probably doesn't have a problem with convicted
killers, rapists, etc. serving their time.

But the law was amended in 1997 to add manufacturing of methamphetamine to
the list of covered crimes.

Now, with the inmate population always at capacity, prison officials are
looking for ways to reduce the numbers. On a regular basis the Department
of Correction invokes a state law that allows the early release of inmates
scheduled for parole as a way of making room for other convicted felons.
About 1,100 inmates are housed in county jails, awaiting room at state
prisons, and the state is running up a big bill with the counties.

In the upcoming legislative session, the Department of Correction is asking
lawmakers for an additional $63 million over the next two years to
reimburse the counties and staff existing prison facilities that would add
space for 1,300 inmates.

But there is no guarantee the legislature will come through with all the
money the DOC is requesting, meaning the prison overcrowding problem may
not receive much relief.

Prison officials argue that changing the 70-percent law would help with the
overcrowding problem. The Arkansas Prosecuting Attorneys Association
disagrees and is opposing any attempt to remove meth offenders from the list.

"It gives us a tool to deal with those serious drug dealers that are
responsible for putting more of the illicit drugs on the street," says
Benton County Prosecutor Bob Balfe. He said prosecutors need the law for
plea bargaining when they take cases to court.

Balfe said only 500 of 2,000 people now imprisoned under the 70- percent
law were convicted of meth-related crimes.

There's no question that meth -- a deadly addictive drug that can be cooked
using some common chemicals -- is having a detrimental effect on society.
It can be created at home, whereas the more exotic drugs have to be
imported, and its use and abuse is widespread, not only in Northwest
Arkansas but in other regions.

Gov. Huckabee also favors the proposed change. He is advocating more
programs designed to deal with drug users in a non-prison atmosphere, and
we support any such efforts that can be proven effective in reducing drug use.

However, he and prison officials may not win on this one.

There is some logic to giving prosecutors a law tough enough to end the
careers of meth cookers and dealers. At least one legislator, Rep. Jeremy
Hutchinson, R-Little Rock, seems to think lawmakers would oppose any change
in the 70-percent law and predicts the proposal would die in committee.

Perhaps a better solution would be for lawmakers to find ways to fund
strong drug rehabilitation programs and, for now, leave prosecutors with a
tool to go after the major meth dealers.