FAQ: Alcohol and Drug Treatments

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1 Question 1: Are DUI offenders the most prevalent of those who are under the influence of alcohol? Answer 1: Those charged with driving under the influence do comprise a significant portion of those offenders who are using alcohol when committing an offense. DUI violations are a serious societal problem and create a substantial load of cases for police officers. Alcohol abuse is a problem associated with many other offenses. Alcohol, which reduces inhibitions, is a contributing factor to domestic abuse situations, and many of those charged with an offense related to domestic abuse assaults are under the influence of alcohol. The use of alcohol is also associated with random assaults, such as those that occur in nightclubs and at parties. One of the effects of alcohol is reducing inhibitions, and many people who are contemplating whether to commit a crime use it to give them "courage." Alcohol is also used by those who commit suicide as it gives them "courage" to complete the act. Question 2: Is crystal meth the main narcotic problem for law enforcement? Answer 2: All illegal, and many legal, narcotics present problems for law enforcement. In the drug culture, there is always a new popular drug or a new "party drug" among younger, recreational users. The drug of choice is often dictated by one s economic station in life. In the 1980s, powdered cocaine was the Yuppie drug of choice. Younger users, with substantial amounts of disposable income, were significant users of cocaine. Late in the 1980s, to expand the market for the drug, crack cocaine was created to allow more people access to cocaine. Crack, a drug that is addictive with the first use, created a nightmare for law enforcement. Crack is cheap, easy to manufacture, and easy to sell. It is also easy to hide: Thousands of dollars worth of crack (in street value) can be hidden in the glove box of a vehicle or in a mayonnaise jar in a refrigerator. Crystal meth has become the new drug of choice for these lower income and younger users. It provides an enormous high and is relatively easy, and dangerous, to produce. Law enforcement must combat all of these various drugs, and each presents its own problems with law enforcement. 1

2 Question 3: How does law enforcement approach drug enforcement? Answer 3: Each jurisdiction has its own drug laws. The federal government, through the Drug Enforcement Administration (DEA), investigates and prosecutes the major trafficking cases, including those that originate overseas. Local police agencies investigate local drug dealing and enforce laws against users when they are caught. Agencies utilize specialized investigative units that concentrate on narcotics cases. These units are normally located elsewhere than the main police precincts or stations and have limited interaction with other police officers. They conduct their investigations as covertly as possible and do not usually involve themselves in the other law enforcement activity of the department. Many jurisdictions utilize drug courts and maintain a docket that is solely for narcotics cases. These courts intervene with pretrial diversions and work closely with social service agencies to provide treatment and counseling. Question 4: Are alternative programs successful? Answer 4: Alternative programs have shown to be more successful than incarceration. Individual sentences, whether they involve incarceration or probation and treatment, rely on the individual and his/her desire to succeed. In prison there are plentiful opportunities to gain a basic education, learn a new trade or skill, take college courses, and seek drug and alcohol treatments. However, it is the individual who must decide to take advantage of the programs. The success is dependent on the individual s desire to change his/her habits and lifestyle. Almost 4 times as many persons were rearrested within 6 months of release who did not receive treatment as compared those who did. On a larger scale, the recidivism rate is relatively unchanged. In many instances, those who are released from the justice system move back to their old neighborhoods socialize with the same crowd that existed before prison, and quickly fall back into the life that was lived prior to prison. In these instances, the environment negatively impacts any efforts to make changes. Question 5: How do social agencies interact with the courts? Answer 5: In a jurisdiction that emphasizes alternative corrections and 2

3 treatment programs, there are programs that accept defendants. There is often a liaison from the social service agency that is present during trials or sentencing. In Alabama, the liaison is a court referral officer (CRO). This person is similar to a probation officer except that the position is not one of law enforcement. This CRO conducts an extensive investigation of the defendant, including many of the same items that are found in a presentencing investigation. The CRO takes into account the support network of family and friends as well as the needs of the entire family. The CRO then makes recommendations as to the needs of the family and which agencies can provide the needed support. For example, if there is need for special education for a child of the defendant, the CRO will determine if there is an agency that can provide this service. If so, consultations are arranged and the service provided. If the needs of the family are being met, it is easier for the defendant to fulfill his or her obligations while on probation. Many of these needs can be incorporated into the conditions of probation. Question 6: Are drug and treatment programs monitored? Answer 6: These programs, and the attendance and compliance on the part of the offender, are monitored by the probation officer. If a probationer is required to attend a weekly support meeting for narcotics addicts, then the agency that provides the counseling will submit a report on a regular basis to the probation officer. Probation and other alternative sentences are subject to periodic review by the court. The court will set a review date on the court docket, and the probation officer, probationer, and possibly a representative from the counseling agency will be present to report progress to the judge. If necessary, modifications are made to the probationer s probation conditions. If the report is negative, and the probationer has not been attending the required sessions, then probation can be revoked and the probationer can be sent to prison to fulfill the totality of the original sentence. Question 7: Do drug courts make an impact on drug use? Answer 7: As the entire justice system has discovered, community-based options (whether community-oriented policing or community-based corrections) have a greater impact than traditional models. Drug courts, of 3

4 which there are more than 1,000 in the United States, provide an option to incarceration. They are especially beneficial to younger offenders. Few participants in an alternative program administered by a drug court test positive for drug use while in the program. Very few are rearrested for offenses, and those who are rearrested have rarely committed serious crimes, or even felonies. The percentage of those rearrested for drug offenses are also small in number. The entire system must continue to make efforts to discover individual, innovative ideas to make a significant impact on both the drug problem and the overall crime problem. Question 8: How are all of these treatment programs funded? Answer 8: In general, prison treatments and counseling expenses are borne by the taxpayers. These programs are included in the operating budgets of the corrections agencies. It is one of the goals of community corrections alternatives, such as the drug court, to reduce the overall public expense for addictions by implementing these programs. Social service agencies also donate both time and monies to assist in funding these programs. The greatest asset is the donation of personnel, facilities, and services. Without this generous assistance, most jurisdictions would find it difficult to continue providing treatments as are currently offered. Each participant normally must also contribute to the expense of treatment. As a condition of probation, the probationer normally pays a small fee when attending each session. Similar to copay in private insurance, this fee helps to guarantee buy-in on the part of the probationer. If the probationer has made an investment, he or she is more likely to complete the entire program successfully. While this fee does not substantially assist with the expenses, even small amounts are placed to good use. Question 9: What type of punishment is there for officers who use excessive force? Answer 9: There are three types of punishment that can be meted out to officers who abuse their power. The public expects officers to act with a reasonable standard when fulfilling their duties. When they go beyond what is legal, the officers can face criminal convictions, civil penalties, and internal 4

5 actions. There can be a combination of any of these three punishments. Criminal sanctions involve an officer committing a criminal act. For example, if an officer uses pepper spray, mace, or other disabling chemicals on a suspect who was not resisting, there can be a criminal charge. The officers are arrested and tried in court just like any other offense. Civil penalties are damages awarded when the complaining person suffers some sort of damages. If during an arrest a suspect suffers a broken arm that was caused by force that was unreasonable, then the person can sue the officers for monetary damages to pay for medical care, loss of work, and any permanent loss of use of the arm. Internal punishments are used when an officer violates some departmental rule or procedure. In law enforcement, the most common punishment is a suspension without pay. This is the most damaging as most police officers cannot afford to be unpaid for long. In some cases the punishment is simply a written reprimand placed in a file. Other penalties could be anything ranging from demotion to termination. Question 10: Does the agency pay for the damages, or is the officer responsible? Answer 10: Normally, if the officer was acting within his or her authority, the agency will pay the claims. If the officer was acting outside of a reasonable standard, or simply violating a policy, then the officer could be expected to cover any monetary damages on his or her own. Attorneys follow a "deepest pockets" philosophy. Normally, the agency and individual officers are sued. It is common knowledge that a police officer does not have millions of dollars to seize, but the agency, funded by the government, does have these assets. Attorneys are seeking for their clients to be compensated by the agency. Officers who violate a criminal law are usually terminated and not backed by the department for their actions. Departments have strict training requirements, and the completion of training such as use of force, self defense, force continuum, constitutional responsibilities and rights, and similar training is well documented to protect the officer and the agency when litigating a suit. 5