Pubdate: Thu, 08 Apr 1999 Source: Hartford Advocate (CT) Copyright: 1999 New Mass. Media, Inc. Contact: http://www.hartfordadvocate.com/ Author: Jayne Keedle JUSTICE IS NOT COLOR-BLIND New Bills Root Out Racial Discrepancies In The Criminal Justice System Why is it that 73 percent of Connecticut's prison beds are currently occupied by people of color? Lawmakers hope to answer that question this session with a series of proposals aimed not just at understanding why racial disparities in Connecticut's prisons are among the highest in the nation, but at reducing those numbers. The first proposals examine why people of color may be arrested in the first place. Two proposals currently under consideration, one authored by Sen. Alvin Penn (D-Bridgeport) and another from the House Judiciary Committee, would make racial profiling by police in Connecticut illegal. "Policing has always been in the business of profiling," says Nick Pastore, former New Haven chief of police who now works at the Criminal Justice Policy Center. Pastore recalls when motorcycle clubs and people with long hair were the main targets. Today, it's African Americans and Latinos who end up routinely stopped on the pretext of traffic violations. "It becomes part of the reason why there's a racial imbalance in the criminal justice system," says Rep. John Martinez (D-New Haven), who has been working with his fellow Judiciary Committee member, co-chair Michael Lawlor (D-East Haven) and groups such as the NAACP to draft this package of bills. "It's well to train and educate people to not succumb to stereotypes," agrees Pastore, who favors any bill that would outlaw racial profiling and force police to document who and why they pull over people. Currently, he says, police departments don't routinely track this kind of data and prohibitions against racial profiling are not spelled out in most police department procedural manuals. "Recording statistics is very important," says Pastore. "This would give rise to accountability. The issue is out there and it's important for the police, especially for police leaders, to recognize it. Certainly guidance and education is the key to the situation. Based on my experience, I see no problems to implementing these laws." Penn says his bill, which would ban racial profiling and require police to document and justify traffic stops, has already passed the Public Safety Committee and is moving to the Senate floor for a vote soon. Martinez , who worked on the very similar House Bill, says he doesn't care who gets the credit as long as it passes. Penn is confident it will. "This is only the first step in the process, and it still requires the approval of both the House and Senate as well as the signature of the governor, but it has to start somewhere," says Penn. "I am confident we will have this law on the books by the end of session." The Judiciary Committee has also proposed the creation of a commission to study racial disparities in the juvenile justice system. Testifying before the committee last Monday, Connecticut's Child Advocate Linda Pearce Prestley said she was struck by the disproportionately high number of Latinos and African Americans while investigating conditions at Long Lane School, the state's maximum security facility for juveniles. Indeed, according to a 1997 federal survey of 35 states, Connecticut arrests more juveniles than any other state and locks up minority youth offenders at rates that are among the most disproportionate in the country. The issue, says Prestley, must be examined and alternatives to incarceration explored. She does not, however, believe that the proposal's stated goal to reduce the number of minorities in juvenile detention from the current 81 percent to 60 percent by Jan. 1, 2001 makes sense. Indeed, more than a few legislators sitting on the Judiciary Committee expressed reservations over the idea of establishing such a race-based quota. Martinez wants to do more than just study the situation, however. He believes the goal to reduce the number of inmates of color can be accomplished by placing greater emphasis on alternatives to prison. To that end, he has helped craft a number of proposals that would give judges greater sentencing options. According to Martinez, about 80 percent of all Latinos and African-Americans are in the system because of drugs. And drug offenses come with mandatory minimum sentences imposed by the legislature that severely limit judicial discretion. "A lot of judges complain they have their hands tied," says Martinez. What's more, some of those mandatory minimums seem to unfairly penalize people of color. At the moment, for instance, anyone caught dealing or in possession of crack cocaine--more prevalent in the largely minority inner cities--faces twice the jail time of someone caught with powder cocaine. One of Martinez's proposals would reduce the penalty for possession of one ounce of crack and bring it in line with the mandatory five-year minimum penalty for people caught with one ounce of powder cocaine. Martinez believes strongly that violent offenders should be locked up and made to serve the maximum amount of time possible. However, he feels non-violent offenders who landed in jail because of their addictions would be better served by treatment and intensive supervision by probation officers. "It costs $26,000 to house someone in prison for a year," says Martinez. "We should have better options: treatment, employment services, alternative incarceration centers. The state saves money and it helps the individual pay retribution and work on self-improvement." Martinez acknowledges that treatment bed slots are limited, but he believes day treatment and "more in-your-face probation," combined with the threat that failure to follow the rules will result in an immediate return to prison, would be effective for many. He has a good idea of what works because, 20 years ago, he fought his own battle with addiction and has worked to help addicts in recovery ever since. The package of bills, says Martinez, has bipartisan support. "We've got a lot of people on board here," he says, "including the chiefs of police and the Department of Correction." - --- MAP posted-by: Jo-D