Pubdate: Wed, 3 Feb 2010
Source: Record, The (Hackensack, NJ)
Copyright: 2010 North Jersey Media Group Inc.
Contact:  http://www.northjersey.com/
Details: http://www.mapinc.org/media/44
Author: James Ahearn
Note: Relevant part of a longer column.

WELCOME CHANGES IN DRUG-FREE SCHOOL ZONE LAW

In his last week in office, former Gov. Jon Corzine signed a bill revising
the law on drug-free school zones. The revisions are appropriate and
overdue.

The law applies to anyone convicted of selling drugs within 1,000 feet of
a school. The offender was formerly sentenced without exception to a
minimum of three years in prison and $15,000 in fines in cases involving
more than an ounce of marijuana.

The law was intended to express community opposition to crime, especially
crimes committed near children. The unintended consequence was that 96
percent of those imprisoned for dealing drugs within the zones were black
or Hispanic.

This happened in part because in suburbs and rural areas, there are open
spaces between schools, spaces where the drug-free zones law did not
apply. This is frequently not the case in cities, where minorities are
concentrated. There, the no-drugs circles often overlap completely,
leaving no space uncovered.

Judges had no discretion. They had to sentence offenders to three years
behind bars, without parole eligibility. As a result, New Jersey has the
highest percentage in the nation - 35 percent - of non-violent offenders
imprisoned for drug offenses.

The nonpartisan Office of Legislative Services has estimated that the
state could save $29,000 a year per offender if parole or probation is
allowed for some who are now ineligible. The cost of supervising a person
on parole or probation is about $10,000 a year.

The bill signed by Corzine will restore judicial discretion, within
limits. A judge can henceforward waive or reduce the minimum term after
considering various mitigating factors.

The judge will take into account the offender's prior criminal record and
the gravity of the offense. Also to be considered is the location of the
offense, including distance from the school and the likelihood that
children would be exposed to drug-related activity.

No offense committed on school property will qualify for judicial
discretion. Also, a judge's decision to reduce or waive the minimum will
not take effect for 10 days, to give the prosecution time to appeal. The
new rules seem sensible.

In addition to fairer treatment of offenders convicted of comparatively
minor violations, the revisions will lessen the financial burden on the
state prison system. Like the rest of the state government, it is under
heavy pressure these days.

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MAP posted-by: Doug Snead