Pubdate: Wed, 24 Sep 2014 Source: Chicago Tribune (IL) Copyright: 2014 Chicago Tribune Company Contact: http://drugsense.org/url/IuiAC7IZ Website: http://www.chicagotribune.com/ Details: http://www.mapinc.org/media/82 Authors: Bill Ruthhart, John Byrne and Dahleen Glanton Page: 1 MAYOR PITCHES PLAN TO SOFTEN DRUG PENALTIES Critics Say It's Part of Future Push for Stricter Gun Law Mayor Rahm Emanuel on Tuesday started to sell his idea of loosening Illinois drug laws for possession of illegal substances like marijuana, heroin and cocaine, but some of those he has to convince said they're skeptical because he'll want tougher gun laws in return. The reception to Emanuel's plan to decriminalize marijuana statewide and reduce minor drug possession to a misdemeanor illustrated the difficult slog the mayor faces as he tries to secure a signature victory on violent crime, an issue that's been at the forefront of his tenure. The re-election-seeking mayor has tried to get state lawmakers to require mandatory prison sentences for illegal gun possession, which he says would help crack down on the city's continued gun violence. But that effort stalled nearly a year ago amid opposition from African-American legislators opposed to stricter gun sentences. Now Emanuel is holding out the incentive of ensuring that people caught with 1 gram or less of any controlled substance won't be hit with a felony charge to try to get enough support to pass the gun sentencing bill. Emanuel also would expand Chicago's marijuana ticketing law statewide, allowing police to issue tickets of $250 to $500 for someone caught with up to 15 grams of pot - the equivalent of about 25 cigarette-sized joints. The idea is to free up police officers to focus on violent crime and save the expense of keeping those charged with low-level drug possession in jail. "It's not just about saving taxpayer dollars, it's also about saving nonviolent offenders from a lifetime spent in and out of the criminal justice system," Emanuel said. "A felony conviction can slam the door on someone's future and make it harder to go to school, apply for financial aid and find housing. There are times when a felony conviction is no doubt warranted, but we have to ask ourselves whether it's too high a price for using drugs." The approach is in line with a national trend of freeing up prison space and police resources to deal with more violent offenders, experts said. While only Colorado and Washington have voted to decriminalize and legalize marijuana for recreational use, other cities and states are considering penalty reductions similar to what Emanuel has proposed. In November, drug policy reform questions will appear on the ballot in seven states and at least 17 municipalities. "It's part of an enormous and growing momentum across the country to control marijuana in a different way, by shifting from policies that primarily criminalize enormous numbers of young people of color in favor of policies that focus on high-level manufacture and distribution," said Stephen Gutwillig, deputy executive director of the Drug Policy Alliance in NewYork. Not everyone was eager to back the mayor's new proposal. A state law enforcement group lined up against the plan, and state lawmakers wary of his push for mandatory sentences for gun possession voiced concern. During a tense, 20-minute exchange at a Tuesday hearing in Chicago, state Rep. Ken Dunkin, chairman of the Illinois Legislative Black Caucus, pressed Emanuel on what he viewed as the administration's failure to combat violent crime. Dunkin, D-Chicago, sought to pin down the mayor on whether he would support weakening drug possession sentences only in exchange for mandatory minimum sentences for gun crimes. "If legislation does not have mandatory minimums, as you and the superintendent have advocated, would you be in favor of supporting it?" asked Dunkin, who derailed Emanuel's gun crime bill last year in the House with a rare procedural motion. "Details matter. I would look at the whole bill," the mayor responded. "The first step, though, is dealing with the narcotics piece. I do want to see a focus on the violent crimes in the city of Chicago, but I can't answer a question about hypotheticals." Dunkin noted that the House-Senate Joint Criminal Justice Reform Committee, which held Tuesday's hearing, was created as a compromise after Emanuel's tougher gun sentences bill failed. Rep. Mike Zalewski, D-Riverside, who sponsored Emanuel's bill last year, chairs the reform committee. Zalewski said he did not believe Emanuel's prior push for mandatory minimum sentences for illegal gun possession could pass in Springfield without a provision to also loosen drug possession penalties. "I think it would be unwise for us to propose any bill that doesn't have balance, which is drugs and tougher penalties for certain violent offenses," he said. "I don't think anything short of that can pass." Another member of the panel, state Sen. Kwame Raoul, said he has opposed Emanuel's push for mandatory minimum sentences for illegal gun possession because he does not believe the discretion of a judge should be removed. The Democratic lawmaker from Chicago said someone caught carrying an illegal gun for protection in a crime-ridden neighborhood should not be punished the same as a gang member looking to shoot someone. Raoul said he thinks Emanuel's support on lesser drug possession penalties is "contingent on him getting some sort of policy to deal with violence, yes." But, he added, "I don't think he's hellbent on mandatory minimums. I think it's about trying to do something about violence." But Dunkin insisted Emanuel simply was adopting old ideas he said have been batted around Springfield. He said the mayor's "political grandstanding" was aimed at scoring him political points and drawing attention away from his push for mandatory minimum sentences. "It's political acrobatics. There was nothing new," Dunkin said. "I guess he sends out a press release, we buy it and it gets covered, but what he's talking about is so 4 or 5 years old right now." While Emanuel did not mention his previous proposal for stiffer illegal gun possession penalties Tuesday, he pitched marijuana tickets and drug possession misdemeanors as a more efficient way to deal with minor crimes. He cited Cook County Board President Toni Preckwinkle's figure that it costs taxpayers $143 a day to house inmates at the jail and said the vast majority of low-level narcotics cases don't result in convictions. Emanuel also portrayed Chicago's marijuana ticketing program as a success, after acknowledging that the city initially had a disparity with minorities receiving fewer tickets and more arrests for pot possession. City Hall released numbers showing that gap has been closed this year. The mayor said many of those minority arrests were because the offender was not able to present an ID, and Police Department policy required an arrest as a result. That requirement has since been loosened, and those arrested without an ID can simply give the officer their name and information, he said. While police Superintendent Garry McCarthy backed Emanuel's proposal as a common-sense measure, the Illinois Association of Chiefs of Police said it could create confusion because the use, manufacture and distribution of marijuana remains illegal under federal law. And leaving it up to an officer to decide whether to issue a ticket or to arrest someone in possession of marijuana could result in inconsistent application of the law, said Laimutis Nargelenas, a lobbyist for the group. "One of the biggest concerns we have as police chiefs is you have to look at that and be sure the discretion used by the officer is done properly," Nargelenas said. "You don't want to see minorities charged on state charges and others given the city ordinance violation. We have to make sure officers are utilizing that properly." Ald. Howard Brookins Jr., 21st, shared that concern, saying equal enforcement clearly has not been the case in Chicago, where he's heard complaints about the double standard police have for minorities. "Many of my clients feel like they never get the benefit of that discretion," he said. Still, Brookins, chairman of the City Council's black caucus and a practicing criminal defense attorney, said Emanuel's proposed changes make some sense. "I do applaud the effort, because we have people getting caught up (in the criminal justice system) over dime bags, and then that hangs over them for the rest of their lives," he said, referring to small packages of an illicit drug sold for a low price. Ald. Emma Mitts, 37th, said sparing people from the lifelong stigma of a felony conviction for a drug arrest would give them a second chance. "You have some people who make a mistake, and the way the laws are now, it leaves them trapped and hopeless," she said. "They end up doing something desperate. If it was a misdemeanor, they would have better chances at a job and an education, some way to better themselves." Like Brookins, Mitts said she has gotten complaints that Chicago police still are arresting too many AfricanAmericans rather than handing out tickets for petty marijuana offenses. Reflecting the difficult choices elected officials face in many violent parts of the city where residents want their streets safer, the veteran alderman said she is loath to tell Police Department brass to stop putting so many people behind bars. "(Arrests) are a tool the police have to deal with the situation," Mitts said. "I don't want to see the law applied unfairly to people in my ward, see people locked up for petty stuff, but at the same time I'm inundated with crime and gangs. On the one hand I'm asking (the police) to help me with the crime, and on the other hand I'm saying don't lock them up? That's a tough situation." Toward the end of his testimony to lawmakers Tuesday, the centrist Emanuel offered a liberal take on the issue. "I actually believe we should change our sentencing policy to make it in line with our values," said Emanuel, who could face opposition from the political left in the late February mayoral election. "It's time to free up our resources for the truly violent offenders who pose a bigger threat to the safety of our communities and neighborhoods." - --- MAP posted-by: Jay Bergstrom