Pubdate: Sun, 23 Sep 2007
Source: Record, The (Hackensack, NJ)
Copyright: 2007 North Jersey Media Group Inc.
Contact:  http://www.bergen.com/
Details: http://www.mapinc.org/media/44
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)

SEND NON-VIOLENT DRUG OFFENDERS TO DRUG COURT

A BRIEF OVERVIEW of the life of Jason G. Meyer leads to the conclusion
that his crimes, however numerous, were a byproduct of his drug
addiction. He is precisely the sort of defendant we should try to keep
out of the prison system -- where we could use the room and money for
some of our more violent and irredeemable criminals.

The state Supreme Court recognized that in a ruling on Meyer's case
last week. The court's opinion will give judges appropriate discretion
to send more drug-addicted, non-violent criminals to drug court, a
rigorous, treatment-oriented probation program.

Meyer, 25, of Warren County, pleaded guilty last year to a
third-degree drug charge and fourth-degree shoplifting. This was far
from his first encounter with authorities. Over the course of about
eight years, he had racked up four convictions on various theft charges.

After Meyer's indictment, the presiding judge ordered up a clinical
evaluation of the defendant. The report, the high court recounted in
its opinion, "detailed a dissipated life of drug dependency and crimes
committed while under the influence...." Meyer told his evaluator that
he had begun using marijuana at 8 years old, alcohol at 9,
amphetamines at 15 and heroin at 17. He said he had attempted suicide,
overdosed three times and spent a fifth of his life in jail.

Following the evaluation's recommendations, the judge admitted Meyer
into drug court. That was in accordance with the state judiciary's
Drug Court Manual, which allows any non-violent offender with a
substance-abuse problem to enter drug court on a judge's
recommendation. But the county prosecutor objected, citing a state law
that limits "special probation" to onetime offenders.

Supreme Court Justice Barry Albin's opinion in the 6-0 ruling resolves
this potential contradiction in favor of the judiciary's rules, giving
judges the ability to send any non-violent offender to drug court. The
Bergen County Prosecutor's Office already applies a similar standard,
but this ruling will ensure that it's followed statewide.

The drug court program debuted in 1996 and went statewide three years
ago. It can involve inpatient treatment and usually lasts five years.
Participants take drug tests, report to a judge, and must remain
employed, while receiving counseling and training. For about half the
price of incarceration, Albin noted, the program seems to be far more
successful than prison at preventing future crimes.

A drug problem does not absolve Meyer or anyone else of his crimes,
nor should it necessarily keep someone from being put away. But when
men released on bail are suspected of crimes such as the recent
murders of three college students in Newark, it's clear that we should
be making more careful choices about those we lock up and let go.

Meyer himself is reportedly in a state prison now after failing to
follow drug court rules. But perhaps his case will lead to more places
in society for others like him. 
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MAP posted-by: Richard Lake