Jail diversion programs coming to Johnson County for minor alcohol, pot charges

First-time defendants charged with minor marijuana and alcohol violations in Johnson County will soon be able to complete a program and have those charges dismissed.

County Attorney Janet Lyness said Wednesday she plans to implement alcohol and marijuana diversion programs in July. People who complete them will have their charges dismissed and would not face fines or jail time.

Lyness said this is an effort to address substance abuse, which she said the criminal justice system does not do well.

“When you're dealing with alcohol and drugs, what you really want is you want that behavior to stop,” she said.

Such programs apparently are rare in Iowa, and the Iowa Judicial Branch and the Iowa County Attorneys Association did not immediately have any information. They are found elsewhere in the nation, including in the home communities of the University of Arizona and the University of Colorado at Boulder.

The Johnson County programs will be open to first-time offenders charged with public intoxication, underage possession of alcohol or possession of a “small amount” a marijuana, Lyness said, although that latter term needs to be defined.

The programs are still being developed too, and Lyness said she'll meet with defense attorneys to get their thoughts.

Those enrolled in the programs will take several hours worth of educational and treatment sessions. The marijuana program will put an extra emphasis on substance-abuse evaluation and will require participants to pass a drug test at the end to ensure they didn't keep using, Lyness said.

“It's going to assist people who normally might not get some education about … substance abuse,” said Megan LaVelle, the outpatient clinical manager at the Iowa City office of MECCA Services, which provides substance-abuse treatment.

University of Iowa officials also are on board. Alcohol has long been an issue in this college town, and the City Council recently voted to ban people younger than 21 from bars at night.

“We think it's a good idea to give people an opportunity to receive education that we hope will keep them from getting in trouble again with alcohol, at least on a first offense,” said Tom Rocklin, the UI's interim vice president for student services.

Sheriff Lonny Pulkrabek said he's not sure what the effect will be on the county's overcrowded jail, but he supports the programs, calling them “innovative.”

“People are still being punished; it is just a different method of punishment that holds them more accountable then simply paying a fine,” Pulkrabek wrote in an e-mail message.

Participants who complete the requirements will pay court costs and $200 to $300 for the programs. Those who fail will have their case set for trial.

By comparison, people convicted of possession of marijuana face between two days and six months in jail and a fine of up to $1,875, plus court costs and surcharges. They lose their driving privileges for 180 days, and could be ineligible for student financial aid.

First-time defendants charged with minor marijuana and alcohol violations in Johnson County will soon be able to complete a program and have those charges dismissed.County Attorney

Janet Lyness said Wednesday she plans to implement alcohol and marijuana diversion programs in July. People who complete them will have their charges dismissed and would not face fines or jail time.

Lyness said this is an effort to address substance abuse, which she said the criminal justice system does not do well.

“When you're dealing with alcohol and drugs, what you really want is you want that behavior to stop,” she said.

Such programs apparently are rare in Iowa, and the Iowa Judicial Branch and the Iowa County Attorneys Association did not immediately have any information. They are found elsewhere in the nation, including in the home communities of the University of Arizona and the University of Colorado at Boulder.

The Johnson County programs will be open to first-time offenders charged with public intoxication, underage possession of alcohol or possession of a “small amount” a marijuana, Lyness said, although that latter term needs to be defined.

The programs are still being developed too, and Lyness said she'll meet with defense attorneys to get their thoughts.

Those enrolled in the programs will take several hours worth of educational and treatment sessions.  The marijuana program will put an extra emphasis on substance-abuse evaluation and will require participants to pass a drug test at the end to ensure they didn't keep using, Lyness said.

“It's going to assist people who normally might not get some education about … substance abuse,” said Megan LaVelle, the outpatient clinical manager at the Iowa City office of MECCA Services, which provides substance-abuse treatment.

University of Iowa officials also are on board.  Alcohol has long been an issue in this college town, and the City Council recently voted to ban people younger than 21 from bars at night.

“We think it's a good idea to give people an opportunity to receive education that we hope will keep them from getting in trouble again with alcohol, at least on a first offense,” said Tom Rocklin, the UI's interim vice president for student services.

Sheriff Lonny Pulkrabek said he's not sure what the effect will be on the county's overcrowded jail, but he supports the programs, calling them “innovative.”

“People are still being punished; it is just a different method of punishment that holds them more accountable then simply paying a fine,” Pulkrabek wrote in an e-mail message.

Participants who complete the requirements will pay court costs and $200 to $300 for the programs. Those who fail will have their case set for trial.

By comparison, people convicted of possession of marijuana face between two days and six months in jail and a fine of up to $1,875, plus court costs and surcharges. They lose their driving privileges for 180 days, and could be ineligible for student financial aid.