Pubdate: Sat, 21 Apr 2007
Source: Peoria Journal Star (IL)
Copyright: 2007 Peoria Journal Star
Contact:  http://pjstar.com/
Details: http://www.mapinc.org/media/338
Note: Does not publish letters from outside our circulation area.
Author: Dave Haney, of the Journal Star
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)

MARIJUANA LAW MAY AID VIOLATORS

Peoria Heights Ordinance Could Keep Offenders Out of Jail and Money in
the Village

PEORIA HEIGHTS - A new ordinance set to take effect in May will give
Peoria Heights police officers the option of writing village code
violations for minor drug offenses.

The local law, which mirrors a state violation for marijuana
possession, means the village will reap more money from fines in such
cases.

For the offender, the new ordinance also can mean a possible second
chance. Unlike state charges, if a person pays the local fine, it is
taken off his or her criminal records.

"After a police officer issues you a ticket, the work often doesn't
just stop there," Peoria Heights police Chief Dustin Sutton said.

Under the new ordinance, those caught with less than 2.5 grams of
marijuana would be handed a $200 fine; between 2.5 grams and 10 grams,
a $300 fine; and between 10 and 30 grams, a fine of $400 - each of the
levels coinciding with a different class misdemeanor. Second offenses
would add $100. Selling or possessing drug paraphernalia will get you
a $300 fine.

That could translate into $12,000 annually for the village - not a
huge amount - which Peoria Heights police Chief Dustin Sutton said
wasn't created to generate revenue, although he admits that it will.

Fines are paid at Peoria Heights Village Hall, avoiding the state
courts all together. The ordinance spares a trip to jail, lessens the
cost to offenders and frees up the police officer as well as the court
system.

The village will forward the cases of offenders who fail to pay to the
Peoria County State's Attorney's Office.

Sutton emphasized officers still have the option to issue the similar
state charge, which he said regular offenders would more likely receive.

The new ordinance, which goes into effect May 4, will allow the
village to recoup more money than what they receive through current
fine structures sometimes split at the state, county and local levels.
Those prosecuted under the Cannabis Control Act route 50 percent of
fines to local law enforcement agencies, although Peoria County
Circuit Clerk Bobby Spears said such isn't the case in Peoria and that
the county keeps all fines associated with such drug cases.

While Peoria Heights is no hotbed for drug arrests, Sutton said they
do average five to eight arrests each month.

 From those arrests, officers might be called to court sometimes two
to three times on a single case, "which you have to schedule time for
- - a lot of that is overtime - and you have to budget for that," Sutton
said. "This will help offset costs."

While the chief said he learned of the idea from a conference in
suburban Chicago, the concept certainly isn't new. Both Morton and
Washington have had similar ordinances in place for about two decades.

Morton police Chief Nick Graff said he feels their ordinance helps the
state's attorney's office by not unnecessarily adding cases.

Morton and Washington also offer the Second Chance Youth Program,
which allows pre-teens and teens who get in trouble with the law
another chance. Instead of going to court and having misdemeanor
offenses on their record, these kids can participate in a rigorous
six-month supervision program and, in turn, likely won't be
prosecuted. 
- ---
MAP posted-by: Richard Lake