Drug courts have spread all across the country since the first one was instituted in Miami 20 years ago by then local prosecutor Janet Reno, but now, the nation's largest group of criminal defense

Dear Friend,

Today the United States Sentencing Commission will be meeting in Washington, D.C. to establish its priorities for the 2009-2010 program year. In preparation for this meeting, the Commission has invited interested parties to recommend areas of focus on federal sentencing policy. On August 5, The Sentencing Project submitted a letter to the Commission highlighting four areas of attention. Our recommended issue areas are the following:

1. Prepare a Report for Congress on the Impact of Federal Mandatory Minimum Sentences - The last substantial report produced on mandatory sentencing is now nearly 20 years old. We recommend a fresh examination of these issues, including the impact of mandatory sentencing on public safety and racial disparity, and the utility of the federal "safety valve" sentencing provision.

2. Continue Recent Activity in the Area of Cocaine Sentencing Policy - The Commission should continue to play an active role in Congressional deliberations regarding changes in the penalty structure for crack and powder cocaine sentencing.

3. Prepare a Report for Congress on Alternatives to Incarceration - Building on evidence that alternatives are underutilized in the federal system, particularly for drug offenses, the Commission should examine options for expansion of alternatives and guidelines restrictions that need to be reconsidered.

4. Examine the Impact of Time Served in Prison on Crime, Costs, and Disparity - Between 1993 and 2006 time served in prison for federal offenses increased by 44%. The Commission should examine these changes to assess their value and cost regarding public safety outcomes.
We hope you find these recommendations useful in your work, and we will keep you posted regarding the priorities established by the U.S. Sentencing Commission.

-The Sentencing Project

Some interesting comments from former drug czar Barry McCaffrey at Huffington Post:

Our traditional justice system has been inadequate to the task of breaking the cycle of substance abuse and crime. Four out of every five offenses are committed by someone with a drug or alcohol problem; and we just keep locking them up!
…
Given the abysmal outcomes of incarceration on addictive behavior, there's absolutely no justification for state governments to continue to waste tax dollars feeding a situation where generational recidivism is becoming the norm and parents, children and grandparents may find themselves locked up together.

And here's Robert Weiner, former spokesman at the drug czar's office, writing in the Baltimore Sun:

Why…is the Obama administration proposing to spend an even higher percentage of its anti-drug resources on law enforcement than the administration of George W. Bush?
…
Mr. Kerlikowske has said, "It is only through a balanced approach - combining tough but fair enforcement with robust prevention and treatment - that we will be successful in stemming both demand and supply of illegal drugs." Yet, in the 2010 budget, there is a 3.3 percent reduction in treatment and prevention initiatives since 2008, exacerbating the bias toward enforcement, which now represents 65.6 percent of the budget, even higher than the last administration's 62.3 percent.

So why are these prominent drug warriors now criticizing U.S. drug policy for its perpetual focus on enforcement and incarceration? The short answer is probably that they now work as consultants with clients in the drug treatment industry who love seeing editorials like these.

But I'd like to think that on some level they feel maybe just a little bit responsible for their role in filling our prisons with an unfathomable number of people who don't belong there.

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