Pubdate: Mon, 04 Aug 2003
Source: Daily Post-Athenian (TN)
Copyright: 2003 The Daily Post-Athenian
Contact:  http://dpa.xtn.net/
Details: http://www.mapinc.org/media/1673
Author: Ben Benton
Note: Part of a series. See http://www.mapinc.org/source/Daily+Post-Athenian

PUNISHMNT FOR METH NOT HARSH ENOUGH

Not nearly enough, according to 10th Judicial District
prosecutors.

Members of District Attorney General Jerry Estes' staff are calling
for new legislation and tougher sentencing guidelines for sellers and
producers of methamphetamine.

According to Assistant District Attorney Wilie Richardson,
methamphetamine cases make up as much as half of prosecutors' case
load in many counties.

A federal task force is being developed in Dalton, Ga., and
prosecutors worry meth cookers in North Georgia might move into
Tennessee, according to Richardson's memo which relayed concerns the
district's prosecutors voiced during a recent retreat.

"While tactics for dealing with this problem may have differed in some
respects, two particular solutions were recurring in their responses:
harsher punishment and community education," Richardson summarized.

10th District prosecutors called for tougher sentences during the
retreat, according to Richardson.

"Federal law governs meth and precursors of meth," said Richardson,
"(and) punishment is dealt out swiftly and harshly to offenders.

"Currently, the manufacture of meth is only a Class C felony and
felony possession of drug paraphernalia is only a Class E felony,"
Richardson said. "Lawmakers should be urged to make the manufacture of
meth a Class B felony with no probation eligibility."

According to Richardson's summary of the prosecutors' retreat, local
assistant district attorneys felt that after meth lab components have
been identified, the sellers of those components should be held
criminally responsible for "the sale of anything more than personal
use."

State Rep. Bob McKee, R-Athens, said TBI officials have given a
presentation to the Legislature regarding meth and meth production.

"It's definitely an issue we need to work with the district attorneys
on to see if we can't curb it," McKee said Friday . McKee said no
specific legislation has been introduced yet to stiffen penalties,
however.

He said he expected the Tennessee District Attorneys Conference to
call for new and tougher laws during the next legislative session.

McKee said there has been some discussion of law changes,
though.

"We're looking along the lines of possibly forbidding large quantity
purchases," he said. "I'll certainly support anything they feel like
they need to do. And I feel like most of the Legislature will, too."

McKee said the Legislature should work closely with the state's
district attorneys and courts to address prosecuting meth makers.

"I think if they feel like we need tougher sentencing, we'll be
willing to do that," said McKee.

While awaiting hoped-for new legislation, prosecutors feel district
attorney's offices across the state could formulate mandatory minimum
sentences for felony drug paraphernalia and meth charges.

"One suggestion is that defendants convicted of felony drug
paraphernalia (possession) should serve a minimum of 90 days in jail,"
he said. "Individuals convicted for manufacturing or sale of meth
should receive a minimum of six months to serve. Another step would be
to increase sentencing for lab where minors are present."

Prosecutors said during the retreat that meth cookers should be held
financially responsible for meth lab cleanup, according to Richardson.

Such a system is currently being used in Polk County, Richardson
said.

In Polk County, offenders convicted of simple possession of meth are
required to serve 48 hours in jail, while convictions for the sale of
meth require a minimum sentence of 30 days in jail and meth
manufacturers are required to serve 60 days, according to Richardson.

"This office could create specific guidelines for dealing with meth
cases," Richardson said. "Some staff members thought we should take a
position similar to our gun prosecution program. This would focus on
sending a message to cooks and dealers that they will be prosecuted to
the fullest extent of the law.

"Big cases would be referred for federal prosecution, as many members
of law enforcement are already doing," he continued. "Perhaps we could
form a mini-meth task force with local law enforcement so intelligence
would be better shared and all agencies would be working under the
same rules."

During the retreat, prosecutors said community education was needed to
inform the public about the dangers of meth.

"Public concern appears to be growing," said Richardson. "However, we
need to drive home the message that meth does not affect only law
enforcement, dealers and addicts. It has the potential to affect anyone." 
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MAP posted-by: Richard Lake