A bill proposing tougher sentences for repeat drug offenders raised concerns that it might conflict with another bill proposing to divert some drug offenders from incarceration to drug treatment.

Rep. Brad Dee, R-Ogden, introduced his bill, HB55, which would increase a second drug offense one felony degree if a person had previously been convicted of dealing or manufacturing drugs. Dee said Utah's criminal code already allows an enhancement for someone previously convicted of drug possession if they are charged a second time. However, Utah's laws do not offer the enhancement for someone convicted of drug distribution or manufacturing.

"This is simply a mistake in the laws that needs to be corrected," said Chris Zimmerman with the Utah Sheriff's Association.

But one citizens' group is objecting, saying the bill conflicts with Sen. Chris Buttars' Drug Offender Reform Act (DORA), a bill that has the support of Gov. Jon Huntsman Jr. and legislative leadership this year. DORA proposes to divert first-time and second-time nonviolent drug offenders to drug treatment. Because the majority of crimes are tied to drug abuse, Buttars said the bill would free up more than 2,000 beds in prison and save the state millions by trying to curb drug abuse early.

"Punishment will not necessarily produce results," said Stephen Erickson with the Citizens' Education Project. Erickson said Dee's bill would place additional pressure on Utah's corrections system, adding DORA should be given a chance before imposing tougher sentences on drug offenders.

Dee defended his bill, saying it does not contradict DORA but simply offers Utah judges another option in dealing with drug offenders. "Basically it's just another tool in the tool box that a judge can use," Dee said.

---

E-mail: gfattah@desnews.com