Pubdate: Sun, 20 Apr 2014 Source: San Francisco Chronicle (CA) Copyright: 2014 Hearst Communications Inc. Contact: http://www.sfgate.com/chronicle/submissions/#1 Website: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Nicholas Van Dyke Page: E5 1ST OFFENDER'S 2ND CHANCE, THANKS TO BACK ON TRACK When I was first put in handcuffs, I wasn't thinking much other than how badly I had screwed up. Not morally, mind you - just technically. My views on illicit drugs haven't changed much since my arrest. I believed then, as I believe now, that drugs are not the leading problem in our society. I believe most drugs are not inherently bad, and that only a minority of the 22 million people in this country who use, and even sell, drugs are bad people. I also believe that drugs have had an immensely positive influence on humanity, spanning back thousands of years. These ideals, however, mean very little when you are in handcuffs. I learned that very quickly. When I was led into my home by five laughing police officers, handcuffed to a chair, and forced to watch as they destroyed every aspect of my life - things changed. I was in shock, but I could still see the disappointment in their eyes. They didn't find pounds of drugs, thousands of dollars or any firearms. They walked in thinking it would be their good day and my bad one. When we all walked out of my house together, no one was laughing. That didn't last. In custody, all but one of the officers treated me with complete disrespect. They joked about me being white, about how I sweated under stress, and about my appearance. One officer acted differently. He told me he disagreed with my treatment. Having studied constitutional law for three years, he said I should not have been strip-searched, that my charges were ludicrous, and that it was absolutely wrong for my DNA to be taken and put in a database as if I were a serial rapist. He told me to come back after my case was resolved to see if I could get my DNA taken out of the system. All the other deputies and officers treated me like a wild, violent criminal, a lying, conniving sociopath. Don't get me wrong, I have met respectful, supportive and community-conscious police officers. Just not this time. Jail treats those accused of crimes as criminals, and this is a slippery slope. Many people don't even consider themselves criminals until it is beaten into them by the criminal justice system. What they are usually trying to do is just get by in a polarized economic system. Something is blatantly wrong with our criminal justice system. More than $50 billion is spent annually on the War on Drugs. When I was arrested in 2012, 1.5 million other people were arrested on nonviolent drug offenses. More than 750,000 were arrested on marijuana-related charges. Of that, more than 650,000 were arrested for possession. Worse, a staggeringly high portion of those arrested are people of color. Thus, the police paraded me around the station as a white man arrested for drugs. They failed to note that a majority of the people in the United States who use and sell drugs are white. Participants in Back On Track are treated like they made mistakes. I cannot possibly describe what a huge difference that made to me. >From the beginning, I was treated like a human being. Even so, I was nervous. Everyone at Back On Track treated me with respect. Completely unexpectedly, I was trusted and now I am here, in front of you. I am immensely grateful for the opportunity offered to me over a year ago by District Attorney Gregory Mendez to participate in Back On Track, as I am grateful to program staff and the judges involved in the program. All offered me confidence and respect. Through education and compassion, we can collectively show the world that conviction and prison are not the only solutions. Everyone in this program is very lucky. I didn't think so at first. It's something I learned. And I have confidence that many others who find themselves in my position will learn that too. [sidebar] Nicholas Van Dyke, 27, of San Francisco, was charged with possession and sale of marijuana in December 2012 and offered the choice to participate in Back On Track, where, if he completed the program, charges would be dropped. At his April 9 graduation ceremony, he asked to give a short speech when he received his diploma. "I want to thank everyone for being here, especially those of you who are currently in the Back On Track program, as you are legally bound to be here, and I know how that feels. Having been in your shoes, I want to tell you that you will be where I am standing sooner than you think if you give this program a chance. First, note that anywhere else in this country, we would all be convicted felons." Back On Track is a nationally recognized prosecutor-led restorative justice program designed to short circuit the progression of low-level first-time drug offenders from citizen to career criminal. It offers closely monitored counseling, education, employment, parental skill building and child support programs designed to minimize recidivism. Fewer than 10 percent of Back On Track graduates reoffend compared with 54 percent of statewide drug offenders who wind up back in jail. - --- MAP posted-by: Matt