PROBATION AGENT'S REVIEW OF 1994 COURT FILES SHOWED TROUBLE AHEAD

Montana's chief federal probation officer knew something big was happening in the Billings drug world when crime statistics for fiscal year 1995 crossed his desk.

Methamphetamine had probably been bubbling in the background for several years by then, according to probation chief Frank Flemming.  But by 1994, it was clear the dangerously addictive drug was taking over.  For the first time, federal prosecutors were convicting more people of crimes related to methamphetamine than for crimes related to marijuana.

Montana was bucking the national trend, and it wasn't good news.  Fiscal 1995 statistics from the U.S.  Sentencing Commission showed that nationwide, 39.8 percent of all federal convictions were for drugs, but of that only 7.6 percent could be attributed to methamphetamine.

In Montana, 42 percent of all federal convictions involved drug charges and a whopping 51.9 percent were for methamphetamine.

It got worse.  The next year, drugs amounted to 40.8 percent of nationwide federal conviction, and of that 9.7 percent involved methamphetamine.  But in Montana, 42.9 percent of federal convictions were for drugs and, of that, 64.6 percent were for methamphetamine.

In 1997 and 1998, methamphetamine convictions fell off a little in the Treasure State, but Flemming expects that 1999 statistics will be right back up to the peak reached in 1996.

There are a lot of reasons, Flemming said - the U.S.  attorney's aggressive prosecution stance; a tendency to charge cases in federal court rather than state court because of hasher federal penalties; more law enforcement awareness at every level; cooperation of various law enforcement agencies; and the extremely addictive nature of the drug.

Many cases that begin with local drug agents end up in federal court because investigators know that federal convictions carry much harsher penalties, according to Yellowstone County Sheriff Chuck Maxwell.

"They have a very large hammer in mandatory sentencing," Yellowstone County Attorney Dennis Paxinos said.  "We don't have one."

Federal prosecutors can pick and choose what cases they want to take, Paxinos said, and he wishes they would take more of them.  He would like to see them automatically handle every felony drug case where a gun is involved.

Most drug offenders prosecuted in state court don't go to prison the first time around.

"The state is geared more toward trying the treatment process first - at least we make it available," the county attorney said.  But there are not enough treatment resources in Billings to deal with the problem, and he doesn't know if there ever will be.

"For the amount of methamphetamine that Billings has, for the number of offenders, you'd probably need a treatment center geared to handle 500 to 1,000 people at one time," he said.

Treatment is also an option in the federal system, which has considerably more resources at its disposal than the state.  Flemming said that his office currently has 32 offenders enrolled in community outpatient treatment programs.

Federal probation officers back up treatment with frequent drug testing.  Last fiscal year, Flemming's office sent 9,556 urine samples to a California lab for analysis.  Of that, only 111 came back positive for methamphetamine.

"Urine analysis is a pretty effective tool," he said.

Jim Patelis, supervisor of the federal probation office in Billings, said the tests are administered at random, often in the evenings and on weekends when clients aren't expecting a visit from their probation officer.

"Unannounced home visits are critical," Patelis said.

Recently, federal probation officers made a Friday-night sweep, testing 30 people on supervision.  They followed the next day with a second test, to make sure everybody stayed clean, Patelis said.

Clients slip sometimes, but frequent tests give probation officer a chance to catch them before they get too far down the slope.  Positive tests are reported to the judge, but Patelis said probation officers make every effort to work with their clients to keep them in the communities and with their families.

Supervision is especially important for drug addicts coming out of the prison system, he said.  Federal prisons have significantly improved what they offer inmates trying to overcome addiction.  Drug programs requiring 500 hours of participation are available.  But if inmates with drug problems go back out on the streets without support on the outside, the relapse rate is high, Patelis said.  Most of the time, inmates are released to halfway houses where they can continue treatment while trying to get back into the community and find a job.