COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON LAW AND GOVERNMENT COMMITTEE ON PUBLIC SAFETY COMMITTEE ON PUBLIC HEALTH AND HUMAN SERVICES - - - Room 696, City Hall Philadelphia, Pennsylvania Friday, May 23, 2003 12:15 p.m. - - - RESOLUTION 020695 - Resolution authorizing the Council Committees on Public Safety and Health & Human Services, to jointly investigate the Administration's current methods and systems for addressing the proliferation, use and abuse of illegal drugs in the City... RESOLUTION 020832 - Resolution authorizing the City Council Committees on Law & Government and Public Safety to investigate the efficiency and effectiveness of replicating the Philadelphia Drug Treatment Court... - - - PRESENT: COUNCILMAN DAVID COHEN, Chair COUNCILMAN ANGEL ORTIZ COUNCILWOMAN JANNIE BLACKWELL - - - V A R A L L O, INCORPORATED LITIGATION SUPPORT SERVICES 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X RESOLUTIONS 020695, 020832 PAGE LINDA DEGREGORIO, Treatment Coordinator .... CRYSTAL BROWN .............................. 18 JOHN GOLDKAMP, Temple University ........... 26 TOM MCLELLAN, Treatment Research Institute .. 32 STEVEN WEINSTEIN, Thomas Jefferson University 35 ANDREW WIGGLESWORTH, Delaware Valley Healthcare Council ..................... 52 ALYSSA SIMON, Philadelphia Citizens for Children and Youth ..................... 65 ALBA MARTINEZ, Commissioner, Department of Health and Human Services .............. 74 RAYMOND ROONEY, Police Department ........... 89 MARK BENCIVENGO, CODAAP ..................... 92 TIM WILSON, Philadelphia Alliance of Specialized Agencies ................... 106 MICHAEL LINK, Gaudenzia ..................... 108 HAROLD CARTER, Wedge Medical Center ......... 115 3 05/23/04 - RESOLUTIONS 020695, 020832
Good morning, everyone. The Committee on Law and Government and Public Safety is now in Session to consider two different aspects of drug problems. I have to tell you, really we're in Session to begin the fight to make people realize that rehabilitation and redemption are an important part of American life, that we've got to put an end to this notion that the only thing that counts are sentences and heavier sentences and heavier sentences and forget about the people, throw the key away after you put them away; because all that has produced are heavy budgets, enormously heavy budgets for prisons, and cuts in money for education. It's unhealthy for this society to have such an approach to problems of human beings. Yesterday, I was in court defending somebody who has committed many different white collar crimes. If he were not black, they'd be considered white collar crimes. And if they involved much more money, they'd be considered white collar crimes. But because he's a member of a minority, in my opinion, it's equated his particular white collar crimes, horrendous as they may be, were 4 05/23/04 - RESOLUTIONS 020695, 020832 equated suddenly with violence. Now, I'm a former defense lawyer, as well as a general practitioner, in my private life. I don't practice while in Council. And since that's been most of my life over the last 35 years, I haven't been involved too directly. But there's been a terrible thing that's happened in that kind of span of time. Instead of moving in the direction of civilization, it seems to me, we've become more uncivilized. We've become vindictive. We want to punish people forever. We think that by removing them from society, that that's the answer. The United States has the highest prison population in the world. I think there are two to three million people in the United States in prison today, a horrendous figure. But nobody thinks -- when I say, nobody, I mean the general public, has been deluded into believing that the answer lies in more prisons, more cells, less rehabilitation. There's a sense of vindictiveness that seems to cover everywhere. These hearings today are the beginning, I hope, together with my esteemed colleague, Councilman Ortiz, we hope it's the beginning of a 5 05/23/04 - RESOLUTIONS 020695, 020832 return to a more human and a more sensible approach, one that will stop threatening our schools with lower budgets because of the heavy drain of prison costs, and will improve the respect of people for human life. It may seem strange when we're going to consider a kind of tough version of how courts deal with drug offenders, but the complexities of the drug problem represent the complexities of the whole nature of human problems when they deal with wrongdoing by individuals. And somebody, somewhere, somehow has to begin hoping to be able to reverse the movement of the wheel from going left to right, maybe going from right to left, and reintroduce the concept that the most important thing is you remember we're dealing -- whether with victims of crime or those who commit crime -- we're dealing with human beings. We can sympathize heavily with victims of crime. But we have to, at the same time, understand that those who commit them represent more than just a human failing, they represent a failing of society. And therefore society has a responsibility to both the victim of the crime and to that person who commits it, because I think 6 05/23/04 - RESOLUTIONS 020695, 020832 that's where the facts are. This is a beginning, we hope, in Philadelphia where liberty for this country was founded. We hope that liberty for human beings may be found in the same place -- beginning in the same place at least. So I want you to know my biases and prejudices. I'm interested in the drug problem, but my vision is not narrowly just focused on the drug problem. I'm concerned because that seems to be the most pervasive problem and the one we're most unsuccessful on.
And the more money we spend in trying to interdict lines of communication, the less success we seem to have. The tougher the laws are, the less success we seem to have in reducing the number of those that get addicted. And more and more that develops a notion once we get people confined, let's throw away the key. Anything you provide for a prisoner in the direction of rehabilitation is viewed as a coddling of the prisoner who doesn't deserve it, and I think that's an unhealthy approach. And if you're not a believer of the same general philosophy, we hope that through a series of 7 05/23/04 - RESOLUTIONS 020695, 020832 hearings we'll begin a process that may change your views. And if you're a believer, and you haven't lost hope yet for human beings and the redemptive power that's possible, I believe, for all human beings to recover from various forms of addiction, then we hope you'll move in that direction. I just want to state that, so you know I'm biased to begin with. I'm biased in the direction of believing that every human being can be saved at some point. Maybe not every one. But I think every human being is entitled to have the effort made on his or her behalf, and that never is the approach of throw away the keys after you incarcerate somebody the right approach. In Philadelphia, Judge Presenza's court, it's a tough court. I understand -- I may be wrong and the evidence may prove to the contrary -- I understand his program is both a success in the sense of percentages of people who remain free from addiction, but it requires a very high threshold of willingness on the part of individuals to accept a rough course of treatment. I would like to hear more about that, and I would like to encourage that. I think beyond that, we've got to go to 8 05/23/04 - RESOLUTIONS 020695, 020832 lower levels of willingness to cooperate, because one of the problems in drug addiction, I think, is for people to develop a general feeling that lasts that they want to break away from drugs. And I'm hoping you're going to give us some clues as to how we can strengthen their feeling. If Judge Presenza's program, which has attracted national attention, is as successful as we in Philadelphia believe it to be, we'd like to enlarge that program. We'd like to replicate it many times over. I personally will not be friendly to the notion that it's too expensive, because I don't know what is more worthy of spending money on than human beings in attempting to return them to a productive life. We're going to read the Resolution 18 shortly, but I wanted to say Judge Presenza wanted to be here, but he had, I think, two happy events; a release of someone from the armed forces or a return to this country, and we join in his happiness about that event, and the marriage of one of his children. We certainly also join in the happiness attributed to that event. So we excuse him. Today's hearing is not going to consist 9 05/23/04 - RESOLUTIONS 020695, 020832 of any reading of papers. They can be introduced. What we'd like to do in the period of about two hours is to cover the live testimony of witnesses and concentrate -- my problem with reading of testimony is there's nobody to cross-examine, no one to question. I would like answers directly. So there will be another hearing when Judge Presenza is able to attend to hear from him directly so he can answer any questions that may come as a result of this hearing. That's the picture. Let me explain why there are not more Councilmembers present. We went through an election Tuesday. In one sense, the most fascinating election I've ever been in. And I've been many in the course of my young life, and this was the most fascinating. There were more bizarre twists, more plots hatched, more plots that failed, some plots succeeded.
One plot that we hope only temporarily succeeded, because I think the loss of Councilman Ortiz from the City Council would be a very heavy blow, not to Councilman Ortiz particularly, because he would be enticed by so many offers, but for the people he represents who, like in my case, are 10 05/23/04 - RESOLUTIONS 020695, 020832 people who are politically powerless, people who need political champions, but who can't afford to hire the lawyers and lobbyists to become their champions and, therefore, they have to depend on politicians. That issue is not yet decided, but you see he's here at work today. But those Councilmembers who won are away on what they believe -- and I agree with them -- on well-deserved vacations. The reason we had this Session today was we think there's an urgent situation, and we just didn't feel we could afford to let another week go by without beginning to draw attention to this drug problem. Apparently the press -- I don't see anybody here from the press. They're probably on vacation too. Because in addition to the plots that really existed during this election process, they also manufactured a number of them. The Philadelphia Tribune, we thank you for being here. They're kind of out my sight of vision. But they're here. The Philadelphia Tribune is a fine paper to begin this series of articles that I hope will emanate from this and draw attention to the problems the hearings are going to 11 05/23/04 - RESOLUTIONS 020695, 020832 cover. So I'm going to at this point ask Tim Kearney, the Legislative Director on my staff and the Secretary and the Clerk of this Committee, to read the two Resolutions that are going to be technically before us.
Resolution 020832, authorizing the City Council Committees on Law and Government and Public Safety to investigate the efficiency and the effectiveness of replicating the Philadelphia Drug Treatment Court to increase its capacity to treat Philadelphia citizens, save lives and reduce expensive, burdensome and ineffective jail time. Also, Resolution 020695, authorizing the Council Committees on Public Safety and Health and Human Services to jointly investigate the Administration's current methods and systems for addressing the proliferation, use and abuse of illegal drugs in the City, including, in particular, a review of the recently released report issued by the Philadelphia Police Department's Integrity and Accountability Officer, its conclusions and recommendations, the success of the Safe Streets 12 05/23/04 - RESOLUTIONS 020695, 020832 program, and alternative methods of effectively addressing the drug plague in our City.
Thank you, Mr. Chairman. When we introduced these two Resolutions, we were awash, really, in reports about the success of the Safe Streets Program and other programs in terms of drug prevention or drug proliferation in the City. Now, we understand very clearly that the drug problem in the City of Philadelphia has not been reduced. At least, I'm starting from that point. As of this date in May of the year 2003, the drug problem in Philadelphia remains as big as it was two years ago, even though arrests are being made. I saw one big arrest the other day that was held with a press conference. And programs to address the problems of drugs that we have, programs that go towards prevention and treatment, seem to be getting the short end of the funding stick across 13 05/23/04 - RESOLUTIONS 020695, 020832 the State and the City. If we still have the same problem, are we just pushing the drug problem from one neighborhood to another or chasing it inside? And if we still have the same problem of drugs in the City of Philadelphia, a problem that has not diminished, it might have -- it's not maybe as visible as before in certain sectors of the City, but it does not mean that it has disappeared from those sectors of the City or even been reduced in those sectors of the City. I believe the problems of drugs and drug selling and drug use in Kensington, other parts of North Philadelphia and West Philadelphia, is still as high, or even higher, than before. I don't believe the issue has been made that we have less entry of drugs into the City of Philadelphia than we did last year. I think we have probably the same amount of drugs, if not more, entering into the City of Philadelphia. And the quality of the drugs, specifically heroin, seems to be of the most purest kind and the best in the country and the best in the country for the price that it sells. So we have an issue of supply and demand 14 05/23/04 - RESOLUTIONS 020695, 020832 in the City of Philadelphia. I believe the supply has been constant, if not growing. I think the demand has been constant, if not growing. I don't think either of these two areas have been diminished. And I don't want us to keep on believing that somehow we have really put a dent into this scourge that we have in the City of Philadelphia. I think that's what these hearings are all about during the next few weeks; to begin, one, talking about those issues and programs that are working in terms of not incarcerating as -- a point in which I agree with Sylvester Johnson. We are not going to get rid of the drug problem by building more jail cells and incarcerating more people. That is not the solution. I believe education and jobs are the solution. But I don't know whether we're planning or that is part of the overall concept when we look at the drug problem. Because we seem to look at it in only a very narrow, narrow, narrow viewpoint. I think the drug problem in the City of Philadelphia has to do with the economics that we have, the poverty in neighborhoods, the lack of jobs 15 05/23/04 - RESOLUTIONS 020695, 020832 and the lack of opportunities because of the lack of education. So I would like us to begin really put a real face on the problems that we have in Philadelphia around drug dealing, drug usage, drug treatment and drug prevention. And I believe that this is a beginning to really get a handle on it. Mr. Chairman, I think during the next few weeks we're going to have our hands full, and I hope that we can come up with a document and recommendations that we can implement, just in case I don't come back, we can pass legislation before I leave this body.
Don't let the job offers from Mayor Street or Governor Rendell take you away from us.
Incidentally, mentioning Governor Rendell brings to mind another important factor that we're going to have to deal with, and that was the terrible cut in the amount of money that the State seems to be offering for assistance to Philadelphia in dealing with the drug problem, whatever approach we decide in the City. As I understand it, the cuts that exist 16 05/23/04 - RESOLUTIONS 020695, 020832 in the Rendell budget -- I don't mean proposed, but actually exist now -- are somewhere between to 4 $25 million just in the City of Philadelphia. And 5 other political stars may disagree with me, but I 6 cannot believe that Governor Rendell for a moment 7 ever believed that the Republicans in control of the 8 legislature would forego the opportunity to accept 9 the budget offered to them on a silver platter that 10 met every one of their needs to eliminate any 11 funding for human services. 12 So it seemed to me to be a natural 13 follow-through when the Speaker of the House came 14 out the other day in favor of more casino gambling. 15 It looked to me that that was the other half of the 16 bargain. The Governor may have given the State 17 House what it wanted by way of a budget. It spares 18 the Governor the uncomfortable position of not 19 having a budget by June 30th. It spares him a fight 20 because he already has a budget. The Republicans got what they wanted, a budget that they never dreamed they could get from a Democratic Governor, and they promised to the Governor the support of his gambling proposals. So I think we've got to understand, 17 05/23/04 - RESOLUTIONS 020695, 020832 we've got to work very hard. I do commend the District Attorney of the City of Philadelphia on her leadership in marching and leading the march down Broad Street in opposition to those cuts. I wish she showed the same initiative in having a more humane approach to the problem of criminal law enforcement. But that's been a battle that many of us have had with the District Attorney over many years. At this point, I'd like to call the assistant to Judge Presenza, Linda DeGregorio, and ask her to present to us the graduate students from Judge Presenza's program that are, I believe, here with her today. I think that will be a very fine beginning to today. After that, there will be a panel including John Goldkamp, Professor John Goldkamp, of the Temple University School of Criminal Justice, Dr. Tom McLellan of the University of Pennsylvania, and Dr. Steven Weinstein of Dr. Thomas Jefferson University. Please identify yourself for the record -- and this goes for everybody -- spell your last name. We're not swearing in witnesses. We have 18 05/23/04 - RESOLUTIONS 020695, 020832 confidence that the witnesses are going to be as truthful as they can be, and there's no need to have the compulsion of law to have anybody formerly sworn in. But we do ask that you spell your second name for the