Pubdate: Sun, 10 Jun 2007
Source: Stamford Advocate, The (CT)
Copyright: 2007 Southern Connecticut Newspaper, Inc.
Contact:  http://www.stamfordadvocate.com/
Details: http://www.mapinc.org/media/1522
Author: Zach Lowe
Bookmark: http://www.mapinc.org/find?217 (Drug-Free Zones)

RENEWED PUSH FAILS TO SHRINK STATE'S DRUG-FREE ZONES

For the second year in a row, state lawmakers scrapped  a bill that 
would have eased Connecticut's  drug-free-zone laws, viewed by 
experts as among the  toughest in the nation.

The proposal, which died in committee, would have  shrunk the 
drug-free zones around schools, day care  centers and housing 
projects from 1,500 feet to 200  feet. Supporters of the change, 
including the state's  chief public defender, say the current law 
scoops up  too many people in urban areas because almost every  inch 
of a typical Connecticut city is within 1,500 feet  of one of the 
targeted properties.

Those who favored the change say the law unfairly  exposes urban 
residents, especially minorities, to  additional criminal charges. 
Those charges also carry  mandatory minimum prison sentences that 
prosecutors can  use to entice a guilty plea, experts said.

"The statute is blatantly racist in its result, if not  its intent," 
said Jon Schoenhorn, president of the  Connecticut Criminal Defense 
Lawyers Association.

Supporters of the status quo say the rules are crucial  to keeping 
drugs away from children and out of public  housing complexes. The 
Chief State's Attorney's Office  and the Connecticut Police Chiefs 
Association opposed  the changes last year.

Under current law, a person caught selling drugs within  1,500 feet 
of a school, housing project or day care  center faces a mandatory 
minimum three-year prison  sentence. A person who possesses a small 
amount of  drugs within the same 1,500-foot radius with no intent  to 
sell faces a minimum two-year sentence.

Nearly 4,800 people statewide were charged in 2006 with  violating 
one of those laws, according to state  Judicial Branch statistics.

The stricter penalties are out of line with most  states, according 
to a report released last year by the  Justice Policy Institute, a 
Washington, D.C.-based  nonprofit agency that supports alternatives to prison.

"Connecticut is among the harshest" states, said  Gabriel Sayegh, 
director of state organizing and policy  projects for the New York 
office of the Drug Policy  Alliance. The nonprofit group is committed 
to rewriting  tough drug laws passed nationwide in the 1980s.

Sayegh, who lobbied for this year's unsuccessful bill,  promised the 
group would be back next year with a  "full-court press" in support 
of the change.

The Justice Policy Institute report found the  "overwhelming 
majority" of states use drug-free zones  of 1,000 feet or less; 1,000 
feet is the most common  distance. But a few states, including 
Alabama and South  Carolina, use zones of 2,000 feet to 3 miles, 
the  report found.

The only large areas outside the zones in Stamford are  Long Island 
Sound and the region north of the Merritt  Parkway, a 2001 state 
report shows. From 75 percent to  90 percent of territory in 
Connecticut's other large  cities are within the 1,500-foot zones, 
according to  maps in state research reports from 2001 and 2005.

That means drug dealers are not deterred from selling  near schools 
because there are few, if any, places they  could go where they would 
be outside the zone, critics  say.

"There is no incentive not to sell near schools because  the entire 
area is a prohibited zone," said state Sen.  Andrew McDonald, 
D-Stamford, chairman of the Judiciary  Committee and a supporter of the bill.

The zones covering urban areas are a likely cause for  the racial 
disparity in drug arrests, experts said.  About two-thirds of people 
arrested statewide on  mandatory minimum drug charges are Hispanic or 
black, a  2005 report by the state General Assembly's Legislative 
Program Review and Investigations Committee.

Studies in Massachusetts and New Jersey found that more  than 80 
percent of those charged with violating  drug-free-zone laws were 
minorities, according to the  Justice Policy Institute report.

McDonald said it would be more effective to tighten the  zone around 
schools and enforce it only when school is  in session.

The Justice Policy Institute report found about 87  percent of 
arrests in the 1,500 zones in Connecticut  happened before or after 
school in 2004-05.

Some opponents of the 200-foot bill, including Norwalk  Police Chief 
Harry Rilling, said they would support  changing the zones to 1,000 
or 500 feet.

But 200 feet is too small a distance, said Rilling,  current 
president of the police chiefs association.

The bill also would have reduced the mandatory prison  sentence for 
simple possession within the drug-free  zone from two years to one.

Most states penalize only those caught selling drugs or  holding an 
amount large enough for police to assume  they planned to sell. About 
10 states, including  Connecticut, increase penalties for simple 
possession  in drug-free zones, the report found.

But the changes that had been proposed were too  far-reaching for 
most members of the legislature's  Appropriations Committee, who 
voted 35-4 to remove the  200-foot proposal from a larger bill.

"It was just dead," said the bill's author, state Rep.  Marie Lopez 
Kirkley-Bey, D-Hartford.

Supporters wrote a last-minute compromise that called  for a 500-foot 
radius and removed public housing and  day care centers from the 
restricted zones, Kirkley-Bey  said.

That bill got tossed aside in the wrangling over the  state budget, she said.

But Kirkley-Bey hopes something similar may have a  chance next year.

"Are we trying to rehabilitate people?" she said. "Or  are we trying 
to incarcerate them?"
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MAP posted-by: Jay Bergstrom