Sheriff recommends reduced punishment for public intoxication and marijuana
February 9, 2006
DES MOINES – A county sheriff asked lawmakers Wednesday to modify state law to allow some drunk people to simply sleep it off and to ease penalties for those caught with small amounts of marijuana.
Johnson County Sheriff Lonny Pulkrabek spoke to a legislative committee looking at reforms in the state’s criminal sentencing system. He said police in college towns face unique problems that require a unique approach.
“They come here to get an education, but I’m concerned that when they leave, they leave with a degree and a criminal record,” Pulkrabek said.
He said it isn’t surprising that many young people who leave home for the first time experiment with alcohol.
Under his proposal, if police find someone who is drunk in public, but not causing any problems or posing a threat to anyone, the officer would have the discretion to take the person to a detox center and leave them there overnight.
In the morning, they would be sent home with a warning.
Currently, those arrested for public intoxication are taken to jail and locked up. The issue becomes even more complicated with those who are very intoxicated, Pulkrabek said.
“When they are very intoxicated they require more supervision and we are not medical personnel,” he said.
It’s also a money issue because jails are jammed.
“We’re shipping prisoners to other counties,” he said.
People taken to a detoxification center would be supervised by trained medical staff who could spot potential problems, Pulkrabek said.
For people caught with a small amount of marijuana, they are typically charged with a serious misdemeanor, which requires they be taken to jail.
Pulkrabek said the charge should be changed to a simple misdemeanor, which would allow officers to simply issue a ticket and send the person on their way.
“I’m not advocating legalizing marijuana, I just think you should treat these people differently than someone who is walking around with a couple of pounds,” he said.
Few lawmakers were persuaded by Pulkrabek’s arguments.
Rep. Clel Baudler, R-Greenfield, a retired state trooper, said the Legislature would not consider the proposals.