Drug Courts (S 350)

The ACLU, joined by the Drug and Alcohol Treatment Association, testified against legislation that would have expanded the reach and use of drug courts in the state.  While the Affiliate generally applauds the use of drugs courts to divert small-time offenders away from jail and into treatment, the ACLU had serious concerns about the proposed structure of the court under the bill. One provision barred individuals with any drug delivery convictions from participating in the program, even though many drug-addicted individuals turn to drug dealing to support their habit and are in need of treatment options. The ACLU also opposed a requirement that an individual first plead guilty to their drug offense before taking part in the drug court, thereby allowing for immediate sentencing to the ACI if he or she relapsed, a not uncommon occurrence. More successful drug courts operate as diversionary programs, holding the charges in abeyance while treatment takes place. The legislation passed the Senate, but died in the House.  Read our testimony here.