Maleng seeks more treatment, less jail time for drug offenders

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OLYMPIA — Last year, when King County Prosecutor Norm Maleng urged lawmakers to put more emphasis on treating rather than punishing drug offenders, he couldn't get the idea past some of his fellow Republicans.

But now that Democrats are fully in charge of the Legislature, Maleng is ready to make another push.

Maleng is to testify today and again later this week on legislation that would reduce sentences for some drug offenders and use the savings in prison expenses to expand drug-treatment programs.

A similar bill passed the Senate last year but was blocked by Republicans who at the time shared control of the House.

"I'm very optimistic that it will pass this year," Maleng said yesterday.

In recent years, several states and cities have reduced drug sentences and bolstered treatment programs. Now Maleng and other prosecutors are part of a growing movement to revamp this state's strategy in the so-called war on drugs. Some police officers, public defenders, judges and prison officials also are pushing for reform.

Committee hearings Two drug-sentence reform bills will come up for hearings this week: • House Bill 2338 will be heard today at 10 a.m. by the House Criminal Justice and Corrections Committee. • Senate Bill 6361 will be heard Thursday at 10 a.m. by the Senate Judiciary Committee.

Since the late-1980s, when Washington stiffened its drug laws, the number of people sent to state prisons on drug crimes has soared and the average prison stay for such offenses nearly doubled. Still, the drug problem continued to grow and the costs continued to mount.

"I feel in a sense, there is a valid analogy to be made between this war on drugs and the war in Vietnam," said state Sen. Adam Kline, D-Seattle, and sponsor of one of this year's reform bills.

Kline said addicted drug offenders "need to get treatment to get out of that cycle rather than just incarceration for being in it."

Under Kline's bill, and an almost identical measure in the House, the state for the next two years would lop six months off the 21- to 27-month minimum sentence for first-time convictions for making or delivering cocaine or heroin.

Then in 2004, the state would adopt more sweeping drug-sentence reforms that were recently recommended by the state's Sentencing Guidelines Commission.

Though no one has come up with any solid figures, state officials say the reduced sentences would free up thousands of prison beds and save the state tens of millions of dollars.

That money would be used to expand local drug-treatment options, such as county drug courts, which give drug offenders a choice between treatment or incarceration.

Some of the bill's supporters, however, worry that the prison savings will be a temptation for state budget writers who are now grappling with one of the worst budget shortfalls in decades. For instance, one of Gov. Gary Locke's proposals for dealing with the crisis is to cut prison costs through early release of drug offenders and other nonviolent inmates.

"That's going to be the fight," said Ken Stark, director of the state Division of Alcohol and Substance Abuse. "How much of the savings goes back to the communities for treatment versus how much goes to the shortfall."

The bill also still has some vocal opponents in Olympia.

Sen. Pam Roach, R-Auburn, for instance, said the state's already cash-strapped criminal-justice system cannot afford the legislation, which she calls a "money grab" by social-service agencies. And she thinks the reduced sentences are a bad idea.

"You're reducing what is already a minimal sentence for heroin and cocaine pushers," said Roach.

Maleng disputes Roach's characterization of the bill. He said a large portion of the drug offenders his offices prosecutes are addicts selling drugs in order to support their own habits.

Though the legislation has bipartisan backing in both the House and Senate, Democratic sponsors predict many Republicans will try to paint them as soft on crime during this fall's legislative election.

"Anytime you change sentences for drug offenders — even if these are nonviolent offenders, addicts — someone's going to make that charge," said Rep. Ruth Kagi, D-Lake Forest Park.

But Maleng said the broad support from law-enforcement officials and the public will insulate the bill's supporters from political attacks.

"The public is farther ahead on the drug-policy issues than a lot of elected officials," Maleng said.

Still, Maleng wants the Legislature — and not the public — to handle drug-sentence reform. He said if lawmakers fail to address the issue, there's a good chance someone will push through a ballot initiative that goes too far in reducing sentences.

Ralph Thomas can be reached at 360-943-9882 or rthomas@seattletimes.com.