Pubdate: Wed, 11 May 2016
Source: San Francisco Chronicle (CA)
Copyright: 2016 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: Vilaska Nguyen
Note: Vilaska Nguyen is a public defender in San Francisco.

STOP A SENSELESS WAR ON DRUGS

In 2011, I represented Michael Steele - a 52-year-old African 
American man who was schizophrenic and suffered from a long-term drug 
addiction.

Police believed they observed Steele selling drugs to another man in 
the city's Tenderloin district; however, upon conducting a search of 
this other man, they found nothing.

What they did find was less than a gram of heroin on Steele. As a 
result, he was arrested, charged, and convicted of a drug sale and 
possession-for-sale. Ultimately, he was sentenced to 14 years - 
because of sentencing enhancements for three prior drug-related 
convictions, nine years were added on to his five-year sentence.

Having worked as a public defender in San Francisco since 2005, I 
know Steele's case is not an anomaly.

In fact, it is yet another reminder that the War on Drugs rages on in 
California. However, the state could change course by passing Senate 
Bill 966, the Repeal Ineffective Sentencing Enhancements (Rise) Act 
authored by Sen. Holly Mitchell, D-Los Angeles. The bill would put an 
end to some of the unjust and extreme sentences that have resulted in 
persons suffering from substance use being sentenced to over 10 years.

Right now, someone convicted for drug sale, possession for sale, or 
similar offenses can face an additional three years in prison for 
each prior conviction for similar drug offenses. I have witnessed how 
this enhancement has become a relentless assault on the mentally ill, 
the drug addicted, and the impoverished African American community.

As a city with a proud tradition of progressive views and treatment 
for those in need, I refuse to believe that compassion, justice and 
mercy are absent - yet I have seen our society's obsession with being 
"tough on crime." The judge who sentenced Steele explained that the 
system's sentencing scheme was designed for accountability and also 
to punish, to send a message to the defendant and others. That 
message was clear: America's war on drugs was alive and well in San Francisco.

This approach has proved ineffective: Throughout the US, no matter 
how "tough" the sentencing scheme, drugs are cheaper, stronger and 
more widely available than ever.

A fundamental problem is that the criminal justice system treats a 
health issue as a criminal one. If a family member suffered from the 
disease of alcoholism, we would ask: "How can we help?" When the same 
person comes to us addicted to drugs, why do we unabashedly proclaim: 
"How long can we incarcerate?"

The Rise Act recently fell short of passing the Senate by three 
votes, but our lawmakers have a second chance to support racial 
justice and stop wasting taxpayers' money on a cruel and failed 
policy when the bill is brought back to the floor this month. We must 
show compassion for those suffering from substance use problems by 
asking our representatives to support SB966, and take a step toward 
ending the War on Drugs.
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MAP posted-by: Jay Bergstrom