A sheriff's deputy stands in Tucson, Arizona,
on Jan. 10, 2011.
(John Moore/Getty Images)



Arizona Police Force Reversal of Non-Prosecution Policy
by Continuing to Make Arrests


Cara Ding
April 14, 2022
Updated: April 15, 2022



The top prosecutor of Pima County in Arizona reversed a non-prosecution policy on certain
drug possession cases last month after the stance failed to meet the intended goal of
reducing the jail population.

The failure was brought about by local law enforcement agencies, many of whom continued
to make arrests out of faith that it is their job to enforce the law regardless of prosecution
policies.

Last December, Pima County Attorney Laura Conover issued a policy to immediately stop
prosecuting simple drug possession, paraphernalia, or other personal use cases.

The policy memo said deputies and police officers should bring people who commit these
crimes to drug treatment centers, not the jail.

Conover said she took the move after the vaccination campaign met with strong disinterest
from inmates. To protect the safety of inmates and staff, the jail population must go down,
she said in the memo.

At the time, Pima County’s sole jail facility housed 1,671 inmates. Three months after the
policy took effect, the jail population not only did not go down but went up by two, to 1,673,
according to Pima County Attorney’s Office.

Citing that her effort was undermined, Conover rescinded the policy in March and resumed
the practice of directing people to a pre-indictment drug court.

Marana and Ora Valley police departments were two of several suburban agencies whose
officers continued to make arrests despite Conover’s policy.

“That’s our job. We enforce criminal laws and we make arrests,” Sergeant Abel Samano
of Marana told The Epoch Times.

“Whatever the county attorney’s office decides to do after that, whatever their policies are,
that is up to them. As far as we are concerned, we are doing our job.”

That does not mean officers arrest their way out of every drug case, he said.

Well-trained officers consider the totality of the circumstances and come to an enforcement
decision that they think is best for community members, including drug addicts.

For example, officers at Marana Police Department almost never arrested any person who
overdosed on drugs for simple possession.

Samano said in those cases saving lives matters more and officers also don’t want people
overdosed on drugs to fear calling for help.

Other times, officers merely give out citations and then transport people to
treatment centers, he said.

“But sometimes the last choice really is the only choice,” he said.

Oro Valley Police Department police officer Michael Duran told The Epoch Times that as
law enforcement members they don’t get to pick and choose what laws to enforce or not.

“Our job is to make sure when there is a crime, we make the arrest, and provide the case
to the county attorney’s office or local magistrate".

“Whether they choose to move forward with those charges or not, that is their job,
and we don’t take it personally,” he said.

Duran said the criminal justice system isn’t strictly about punishment when it comes to
drug offenses, and that people can get court-required treatment for their addiction
through a drug court.

“That makes sure that someone gets the help that they need. I’ve never met anyone who
is happy to be addicted to drugs. I really do sympathize for people who have to struggle
with this,” Duran said.

“Sometimes they don’t always have the means to access those drugs and they commit
other crimes to sustain those habits, or because of their mental state after being high they
could commit disorderly conduct such as acting out in the middle of the park full of
children,” he said.

Some deputies at Pima County Sheriff’s Department also continued to make arrests despite
Conover’s policy, according to local media Tucson Sentinel.

Sheriff Chris Nanos told Arizona Daily Star that he wished there were more social services
available outside the city so it would be easier for him to persuade his deputies to send
people to treatment centers instead of jail.

“I’ve got $18 million a year spent in my jail on mental health and drug addiction issues.
Can we not give that $18 million a year to those who are better equipped to handle that?” Nanos said.

Conover, a former defense attorney, was elected in Nov. 2020 on a progressive platform,
after defeating a decades-long incumbent and two veteran prosecutors in the Democratic primary.

That year, a slew of progressive prosecutors were elected or reelected in the wake of
George Floyd protests, including Kim Foxx in Chicago, George Gascon in Los Angeles,
and Jose Garza in Austin.

In Mar. 2020, at the height of the pandemic, Pima County’s former chief prosecutor
Barara LaWall also temporarily halted prosecuting low-level drug offenses.