Jail move would free drink-drivers

Drink-drivers may be the biggest beneficiaries if the Government approves a plan to stop jailing "low-level offenders" for less than six months.

Motorists convicted of driving with excess alcohol and other driving offences, such as driving while disqualified, made up almost half of the 3850 people jailed for offences carrying average jail sentences of eight months or less in 2003.

And alcoholism treatment providers yesterday praised a suggestion by Corrections Minister Damien O'Connor that those now being jailed for six months or less should be given community-based sentences because they are not in jail long enough to get rehabilitation programmes.

"We would support this move," said Alcohol Drug Association chief executive Cate Kearney.

"Alcohol and other drug treatment in the community is always going to lead to better outcomes than a punitive prison sentence without treatment.

"There is a small minority for whom that treatment may not work, but they should be given that opportunity of treatment before being put in prison."

Drug Foundation head Ross Bell said: "I have to applaud the minister for making that connection.

"There are only two specialist alcohol and drug therapeutic communities in the prisons, and they are only for people on long sentences."

Last year only 145 prisoners took drug and alcohol courses in the two units at Waikeria and Arohata prisons, although 83 per cent of the country's 7500 prisoners have had problems with alcohol and drugs.

Corrections Department policies restrict drug and alcohol programmes to prisoners jailed for at least two years, and provide them only when they have served almost two-thirds of their sentence and are close to release.

But a Wellington drug and alcohol counsellor who is lobbying for more treatment, Roger Brooking, said judges would also have to order more drink-drivers to undergo alcohol and drug treatment if the shift to community-based sentences was to work.

Justice Ministry figures supplied to him show that only 5 per cent of the 22,480 people convicted of driving with excess alcohol last year were ordered to undergo an alcohol and drug assessment or counselling.

Only 3 per cent of first offenders were ordered to get assessments, rising to 29 per cent of drivers with four or more previous excess alcohol convictions.

Mr Brooking said there would be no point in simply making drink-drivers do community work unless they were also forced to do something about their drinking.

"Unless the judges order alcohol and drug assessments on the first offence, nothing is going to change," he said.

Auckland counsellor David Chaloner said potential addicts could be saved if offered education and counselling at a first or second offence, but by a fourth or fifth offence most would be addicted.

Offenders convicted of theft, receiving stolen goods and other property offences (729 people in 2003), those jailed for assault and male assaults female (638) and those breaching the terms of community sentences (403) and protection orders (138) would also stand to get community sentences under Mr O'Connor's proposed policy.

Sensible Sentencing Trust spokesman Garth McVicar, who visited prisons in Europe with Mr O'Connor last week, supported the idea for property offenders but not for assaults.

"Where no one is actually hurt and it's a monetary value, yes I think they are better in the community repaying their debt rather than adding to their debt by you and I having to pay for them in prison," he said.

"But I have a huge problem with anyone who has used their fists to settle a dispute being considered for early release.

"We are not supporting any violent offenders being treated any more leniently than they are now."

Holly Carrington of Preventing Violence in the Home said it would be dangerous to pull back from jailing men who breached protection orders for their partners, because there was already a high threshold of violence before they were sent to prison.

"All first-time domestic violence offenders should be sentenced to do domestic violence programmes," she said.

"If that's not working, then they need a prison sentence, and perhaps the combination is ideal."

Prisoners jailed for crimes whose sentences averaged 8 months or less, 2003

Driving with excess alcohol - 937

Other driving offences - 687

Minor property offences - 729

Assault - 638

Breach of sentences - 403

Breach of protection orders - 138

Others - 318

TOTAL - 3850