The latest statistics published on probation and parole by the U.S. Department of Justice are disheartening. In 2001, the number of adults under the supervision of the criminal justice system - incarcerated or in the community - reached a record 6.5 million. About 3.1 percent of the U. S. adult population, or 1 in every 32 adults, were incarcerated, on probation or parole at year-end 2001 (Bureau of Justice Statistics, 2002). According to the Human Rights' Watch World Report (2002), 52 percent of the state prison population had been convicted of nonviolent crimes, including 21 percent for drug crimes. More than 1.5 million state and local arrests were made for drug abuse violations, 46 percent of those involved marijuana; 4 out of every 5 drug arrests were for simple possession of illegal substances; and more than 460,000 persons were incarcerated for drug offenses. African-Americans accounted for 57.6 percent of all drug offenders in state prisons, Hispanics 20.7 percent, and Caucasians 20.2 percent. According to the report, the U.S. spends more than $40 billion a year on incarcerating its citizens.

In the January/February 2000 issue of Counselor Magazine, I wrote an article titled, "POW's In America's War on Drugs." I advocated moving the bio-psycho-social problem of drug use out of the criminal justice system and placing it in the treatment community. I also supported increasing education of adolescents; providing treatment to anyone who needs it, and not placing all of our tax dollars into prisons, but rather into treatment.

Finally, there is a movement initiated by the Campaign for New Drug Policies to reform the drug policies in this country. They were successful in initiating California's Proposition 36 and have proposed initiatives in Michigan, Ohio, and Florida. The proposed constitutional amendments basically are the same. They call for allowing non-violent drug-possession offenders to choose addiction treatment instead of jail. Offenders could choose treatment on a first or second offense, with the courts having discretion on offering treatment or incarceration on the third or fourth offenses. Those who refuse treatment or are removed for non-compliance would face sentencing under the criminal law.

Proposition 36 was approved by voters in 2000 and since that time has had some success. California's Legislative Analyst's Office predicted that Prop 36 could reduce state prison operating costs by $250 million annually and eliminate the need for more than half a billion dollars in future prison construction costs. In five counties, almost 9,000 individuals went into treatment at an average cost of $4,500 per treatment cycle, compared to 2001, when over 15,000 inmates were incarcerated for drug possession at a cost of almost $27,000 per person, per year.
You would think that with all of these positive results with the California initiative, Florida's governor and administration would be in favor of the proposed ballot initiative. However, the current governor of Florida is the younger brother of President George Bush, who was re-elected in November for a new four-year term.

The realization of hopes unfulfilled
In the August 2002 issue of Counselor, there was an opinion article written by Ethan Nadelmann, executive director of the Drug Policy Alliance. Mr. Nadelmann addressed some of the rhetoric of President Bush's policies. President Bush, always attempting to be politically correct, often says what he believes people want to hear, but does something else. This realization of hopes unfulfilled was echoed in an article in the Los Angeles Times written by Wlliam Cope Moyers. As much as I agree with both of them, they only have to deal with one Bush administration. Living in Florida, I have had to also deal with Governor Jeb Bush and his administration. He, like his older brother, has often expressed empathy for people struggling with addiction. In fact, his daughter was placed in treatment as a result of being arrested for prescription drug forgery for Xanax. However, like his brother, his rhetoric is a realization of hopes unfulfilled.

More than two years ago, Governor Bush pledged to reduce substance abuse in Florida by 50 percent, increase treatment, and improve public awareness of addiction. Earlier this year, the state legislature, with the governor's approval, drastically reduced funding for treatment. Treatment for inmates in the state prisons was eliminated completely, and funding for community treatment was dramatically cut back, while funding for prisons and law enforcement agencies was increased. Governor Bush, along with his Drug Czar, Jim McDonough, repeatedly state that they recognize the serious problem of drug abuse in the State of Florida and the need for treatment - but continue to do nothing. We in the treatment community realize substance abuse is not a criminal act, therefore it is our responsibility to enlighten our politicians. Perhaps then the politicians who provide treatment will not be viewed as being soft on crime. Governor Bush should understand this not as a politician, but as a father of a daughter who is dealing with addiction.

Governor Bush had an opportunity to follow through on his promises by supporting The Campaign for New Drug Policies' attempt to place the Florida Drug Treatment Initiative on the Florida Ballot. What the proposed constitutional amendment states is:

1) Offer treatment to first and second-time drug possession offenders. A person charged with or convicted of drug possession may elect to receive treatment and rehabilitation services in lieu of being prosecuted or sentenced.
2) Provide for professional assessment and placement in treatment. A qualified treatment professional will be appointed by the court to assess each individual's treatment needs and to determine the appropriate course of treatment, which may last for up to 18 months under court supervision.
3) Allows change in treatment program or removal for violations, and other benefits for completion. The measure outlines progressive steps for modifying a person's treatment program or removing the person from treatment in response to violations.
4) Imposes consequences for failure in treatment. A person who is removed from treatment due to multiple violations faces prosecution or sentencing under pre-existing laws, with up to five years in prison as a result.
5) Provides for legislative implementation. Because the initiative is a brief constitutional amendment, the Legislature is given a role in fully detailing how the system will operate. I have read the full text of the initiative, and it appears to be consistent in offering treatment instead of incarceration.

You would think that Governor Bush would welcome this change as it clearly facilitates his stated policy of reducing drug abuse in Florida by 50 percent. However, the Governor and his Drug Czar, Jim McDonough, have taken the position that this change in policy is detrimental to the people of Florida. Mr. McDonough has repeatedly stated that this initiative legalizes drug use. I may have some problem understanding the wording of the initiative, but it appears that Governor Bush and Mr. McDonough have no problems with it. In addition, many of the largest providers of treatment in Florida have joined the Governor in opposing this initiative. I would expect these distortions from politicians, but not from treatment providers. It appears that Mr. Nadelmann was correct when he stated that the treatment community has become dependent on the state for funding, appears to be co-opted by the rhetoric, and is afraid to alienate their primary source of money. How can someone who provides substance abuse treatment, be against treatment? How can agencies that purport to help individuals overcome their addictions be so willing to turn their backs on their clients? The Florida Drug Treatment Initiative is the future of treatment. When the citizens of Florida finally get to vote on the Initiative in November 2004, I hope that Governor Bush would understand the failure of the war on drugs and support treatment instead of incarceration. I hope that treatment providers have not forgotten why they went into their profession in the first place.

Kerry D. Wilensky, MS, JD, CAP, LMHC, is an addiction psychotherapist is Orlando, FL. He does consulting and training and is active in political reform for substance use and mental health issues.

References
Bureau of Justice Statistics (2002). Bulletin: Probation and parole in the United States, 2001. Washington, DC: U.S. Department of Justice.
Human Rights Watch (2002). World Report, 2002. New York, New York.

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