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A fairer, smarter approach in I.C.
The Gazette Opinion Staff
Apr. 27, 2010 12:27 am
We think Johnson County prosecutors are taking the right step in implementing alcohol and marijuana diversion programs for first-time offenders.
It's a fairer way of holding young offenders accountable for their minor infractions, as well as an innovative approach to help address substance-abuse problems and prevent them from accelerating.
Minor drug and alcohol infractions are against the law. But especially in a college town like Iowa City - where there is much peer pressure to imbibe and a common misunderstanding that doing so is “no big deal” - it's reasonable to give young, first-time offenders a second chance at a clean criminal record if they're willing to learn.
Traditionally, a first-time conviction for marijuana possession could bring offenders a sentence of anywhere from two days to six months in jail and a fine of up to $1,000. People convicted of possession of marijuana also can lose their driving privileges for 180 days.
Underage possession of alcohol and public intoxication are simple misdemeanors punishable by fines on the first offense.
But college students face other consequences, as well. The criminal convictions can make them ineligible for student financial aid and negatively affect graduate school and job applications.
Taken together, those criminal and secondary effects equal punishments that outweigh the crime - and do nothing to address the root cause.
But starting in July, Johnson County Attorney Janet Lyness plans to begin diversion programs for first-time offenders charged with public intoxication, underage possession of alcohol or possession of a “small amount” of marijuana - 10 grams or less.
The programs will give some offenders the chance to complete educational programs and participate in treatment sessions rather than serve jail time or pay hefty fines.
Court and program costs must be paid. But if offenders successfully fulfill diversion program requirements, their criminal charges would be dismissed. That offers a powerful incentive for offenders to participate.
As Lyness recently told a Gazette reporter: “When you're dealing with alcohol and drugs, what you really want is you want that behavior to stop.”
And diversion seems like a better way to address these relatively minor offenses, which often are more a matter of immature judgment than criminal intent.
Educating first-time offenders about the potentially disastrous effects of drug and alcohol abuse can help them change their behaviors. Screening and treatment can help connect offenders who have more serious substance-abuse issues with the help they need.
And addressing such behavior problems early also can help save public safety dollars in the long run - it's a win-win proposition.
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