April 21--The Cook County state's attorney's office will no longer prosecute most misdemeanor marijuana charges and will redirect nonviolent offenders charged with low-level felony heroin, cocaine and cannabis possession to drug treatment.
The office also plans to divert low-level juvenile drug offenders to community-based organizations for drug education and mentoring.
"Traditional methods of prosecution are not working," State's Attorney Anita Alvarez said Monday at a news conference at her downtown office. "We want to create a sea change in dealing with low-level drug crimes for nonviolent repeat offenders."
Under the new policy, prosecutors won't proceed with misdemeanor charges for possession of less than 30 grams of marijuana for those with fewer than three arrests or citations for similar charges, Alvarez said. Those with three or more arrests or citations will be sent to an existing drug school program and have their charges dismissed if they successfully complete the program.
Except for those with significant criminal histories of violence, anyone charged with Class 4 felony drug possession charges will be routed to an alternative prosecution program that will link them to treatment and social services. Offenders will be identified for the program at bond court, the earliest stage in the court process, to reduce their days in custody, Alvarez said.
Alvarez said the changes are the result of a yearlong analysis by the office that looked at how other prosecutors handled drug prosecutions in major cities and counties around the country. The proposed changes will not affect pending cases, according to Sally Daly, Alvarez's spokeswoman.
Alvarez said the new policy would help shift tight financial resources to fighting violent crimes. Last year Class 4 felony drug possession cases accounted for almost one-fourth of the nearly 40,000 felony cases prosecuted by the office. In addition, about 15,000 misdemeanor marijuana cases were charged.
"Drugs are bad, and I am not promoting any drug use. I am not promoting the legalization of anything," Alvarez told reporters. "This is not being soft on crime at all. This is being smart."
mmrodriguez@tribpub.com
