Pubdate: Wed, 24 Sep 2014 Source: Chicago Sun-Times (IL) Copyright: 2014 Sun-Times Media, LLC Contact: http://mapinc.org/url/5QwXAJWY Website: http://www.suntimes.com/ Details: http://www.mapinc.org/media/81 Page: 26 GO EASIER ON PETTY DRUG OFFENDERS Does anybody really believe in this day and age that somebody deserves jail or prison time for getting caught with, say, a small amount of pot? Arresting and prosecuting low-level drug offenders is a waste of time. So say cops and assistant state's attorneys, who should know. On Tuesday, Mayor Rahm Emanuel rightly joined a growing call to decriminalize marijuana statewide and reduce penalties for small amounts of other controlled substances. As the mayor said in a press release, "It is time to put our sentencing policies in line with our values [and] reduce penalties for nonviolent, low-level drug offenses so we don't put people in prison who need drug treatment." To which we can only say: Amen. This is a long-overdue reform. It will save money. It will save lives from being ruined for small mistakes. Does anybody really believe in this day and age that somebody deserves jail or prison time for getting caught with, say, a small amount of pot? The Chicago Police arrest 7,000 people every year for possession of a gram or less of a controlled substance. The city estimates the police have devoted nearly 275,000 hours of work to such cases over the past five years, time that could be spent going after more serious crime. And it's safe to say cops all across the state are doing the same. Emanuel also said Tuesday the city has fixed a policy that gives cops the option to write tickets instead of arresting such petty offenders. At first, suspects had to have an acceptable ID, such as a driver's license, to be eligible for the ticket option, but too many people didn't have one, so they were arrested instead. In practice, we've already moved away from throwing lowlevel drug offenders into the penitentiary. Diversion programs, such as deferred prosecution and allowing convictions to be erased once probation is completed, provide alternatives. But some low-level offenders sit in jail awaiting trial because bond is set higher than they can pay. Others are returned to prison because being caught with a small amount of drugs can constitute a probation violation. In many cases, it should not. Cook County Board President Toni Preckwinkle has been pushing this smart reform for years and also supports raising the threshold for felony theft to $1,000 from $500. That makes good sense, too. As a practical matter, prosecutors usually reduce thefts between $500 and $1,000 to misdemeanors anyway, but it should be made official policy. If Mayor Emanuel is serious about getting the state Legislature to reduce penalties for low-level drug offenses, he'll have to lobby it hard and use his bully pulpit to bring around skeptical Downstate prosecutors and elected officials. This is just the sort of worthy reform that often dies in Springfield because legislators fear being labeled as soft on crime. The Legislature also must take care not to undermine counties and communities outside of Chicago that have instituted reforms that go further than the mayor is proposing. Ideally, drug-sentencing reform would be enacted without tying it to other issues, but that's not how all officials see it. Last month, Cook County State's Attorney Anita Alvarez testified before the Joint Criminal Justice Reform Committee in support of lowering penalties for low-level drug crimes and thefts, but she wants to tether that to requiring repeat gun offenders to serve at least 85 percent of their sentences. That would hardly be a balanced trade-off. An analysis last spring by the Illinois Sentencing Policy Advisory Council estimated the total cost of raising mandatory minimums for gun crimes at $116 million over three years, while reducing penalties for low-level drug crimes would save only $23 million to $26 million. Meanwhile, a survey of studies on the topic last year by the Bluhm Legal Clinic at Northwestern concluded mandatory minimums don't reduce gun violence, and in fact, are costly and counterproductive. State. Rep. Kelly Cassidy, D-Chicago, says some version of mandatory minimums may be necessary to get a bill through the Legislature. If that's the political reality, we would hope the new mandatory minimums are narrowly targeted, as Cassidy suggests, aimed at only the most serious gun offenders. Let's make the best use of our police and prosecutors - and our prison cells - to go after serious crime. - --- MAP posted-by: Jay Bergstrom