* Finally, Alvarez stops acting like a conviction-hungry prosecutor and starts behaving more like a state’s attorney…
People busted repeatedly with minor amounts of marijuana could face treatment rather than prosecution under a set of “sweeping” reforms Cook County State’s Attorney Anita Alvarez is set to announce on Monday.
The county’s top prosecutor will announce the “first of its kind alternative prosecution program” during a press conference at her office Monday morning, according to a news release.
The program is designed for nonviolent individuals charged with Class 4 felony drug possession and intends to link repeat offenders with social service agencies “for treatment rather than pursuing criminal penalties,” according to the release. Its goal is to begin addressing chronic drug use as a public health issue. […]
Alvarez spokeswoman Sally Daly said the state’s attorney intends, in most cases, not to prosecute misdemeanor marijuana charges brought against people with no significant history of violence. Individuals with three or more arrests or citations for misdemeanor marijuana possession will instead be referred to drug school, she added.
* More from the AP…
Alvarez’ office says Class 4 felony drug possession cases accounted for 25 percent of all felony cases in Cook County last year. On top of that, there were 15,000 misdemeanor cases for possession of small amounts of cannabis.
*** UPDATE 1 *** Cook County Commissioner John Fritchey…
“While today’s announcement by Cook County States Attorney Anita Alvarez is a welcome departure from past practices in her office, more needs to be done at the local and state level to address the inequities of our criminal justice system.
I appreciate that States Attorney Alvarez is finally moving in the right direction by reforming low-level drug possession laws that have not made practical or economic sense for decades. But seven years in office is a long time to finally recognize that our criminal justice system operates unjustly and without accomplishing its stated goals. That is why I have been arguing for, and obtaining, changes in our law for several years.
During her tenure in office, tens of thousands of Cook County residents, disproportionately minorities, have been victim to our outdated drug laws, subjecting them to unnecessary arrest records while costing County taxpayers countless millions of dollars for charges that were ultimately dismissed.”
*** UPDATE 2 *** From Cook County Board President Toni Preckwinkle…
I am pleased to see that the State’s Attorney has finally recognized what many of us have been saying for years – that our failed drug policies are resulting in the unnecessary detention and incarceration of thousands of people, primarily young men of color, who are accused of non-violent low-level drug offenses each year.
That’s why I have spent the last four years leading a collaborative effort with all of the public safety stakeholders in Cook County, as well as the Illinois Supreme Court, to lower the population of the Cook County Jail by implementing systemic reform throughout our system. Today, as a result of our hard work, the population of the jail is just over 7,800 – the lowest it’s been for more than two decades.
While I hope that the State’s Attorney’s policy changes will result in fewer people in our jail and courts, the fact is that we cannot rely on policies that are subject to change based on public pressure or who is in office. Instead we must change our laws to ensure that reforms are permanent and not subject to the discretion of one actor in a complicated system.
I will continue to work with all of our partners at the state level to change drug laws and policies so that we treat addiction as a public health issue rather than a public safety issue by keeping non-violent addicts out of our jails and prisons and placing them into community-based programs. I hope the State’s Attorney will join me in supporting these legislative efforts in the Illinois General Assembly.
- Biker - Monday, Apr 20, 15 @ 9:18 am:
Thank God
- McGruff - Monday, Apr 20, 15 @ 9:19 am:
It’s about time!
- RonOglesby - Now in Texas - Monday, Apr 20, 15 @ 9:22 am:
While I agree that we should not make simple possession shouldnt be a felony, I also think they should FIX the law, vs individual offices deciding what not to enforce.
- Matt jones - Monday, Apr 20, 15 @ 9:23 am:
geez rich, she does something you like and this is how you “praise”her? carrots taste better when not served at the end of a stick. maybe we need a beer summit
- 11Th Hour - Monday, Apr 20, 15 @ 9:25 am:
“Drug school” is also unnecessary and condescending but way better than arrest/jail.
- Anonymous - Monday, Apr 20, 15 @ 9:27 am:
Someone slip her a brownie over the weekend?
- Big Joe - Monday, Apr 20, 15 @ 9:28 am:
Sounds like a great idea, and long overdue. But what happens when Brucie cuts the funding for Drug School?
- Maybe? - Monday, Apr 20, 15 @ 9:29 am:
A 420 miracle?
- Big Joe - Monday, Apr 20, 15 @ 9:30 am:
Maybe we can put them in the Motorcycle Education class that Bruce endorses and funds.
- Cassandra - Monday, Apr 20, 15 @ 9:31 am:
Great idea. I do wonder why folks who smoke marijuana recreationally on a regular basis are presumed to need “treatment,” but this is a step in the right direction.
- Demoralized - Monday, Apr 20, 15 @ 9:33 am:
==vs individual offices deciding what not to enforce.==
They are still enforcing the law. They just aren’t seeking jail time. They are pursing an alternative sentence.
- A guy - Monday, Apr 20, 15 @ 9:37 am:
Good. It would seem to me that this policy would save a lot of money in the long and short term. It’s a structural reform in how we deal with something we understand more than we used to. Good for her. Good for everyone.
- Grandson of Man - Monday, Apr 20, 15 @ 9:46 am:
Excellent–and perfect timing too, on 420 day (04/20/15).
We have a gazillion shootings in Chicago. It’s about time that the strategy shifts to allow law enforcement and courts to pursue serious crimes.
Happy 420 day!
- VanillaMan - Monday, Apr 20, 15 @ 9:48 am:
Congratulations, we’ve reached a point where we can’t find anyone whose actions we can’t criminalize, so we’ve got to decriminalize drug abuse to make room for the new criminals.
- Clapton-Marley Overdrive - Monday, Apr 20, 15 @ 10:02 am:
Does anyone think 4-20 was an accident on this?
- Wordslinger - Monday, Apr 20, 15 @ 10:08 am:
Clayton, Anita’s little gift for those celebrating today.
- MrJM - Monday, Apr 20, 15 @ 10:09 am:
It’s a step in the right direction, but most of those people don’t need treatment — they need to be left alone.
– MrJM
- x ace - Monday, Apr 20, 15 @ 10:13 am:
As RonOglesby says @ 9:22 am above
Individual Office Blanket “No Prosecution” Declaration is improper.
So ,SA Alvarez appears to be running afoul of her Constitutional duties.
Right Result doesn’t allow Abdication of Duty
- W.S. Wolcott - Monday, Apr 20, 15 @ 10:23 am:
I have no problem with the announcement. Let me get that straight. I’m sure everyone here will have “high” praise for the State’s Attorney and she will be getting three cheers all day. But on 420. Really? Maybe she should act as though she’s the State’s Attorney of Cook County, and not a talk show host looking for a publicity pop. I don’t believe the person who occupies this office should be endearing themselves to pot culture, but maybe act as a professional and address the real problems of drug use and the criminal justice system. I’m sure I’ll be the only buzz kill pointing out the ridiculousness of the timing. Do the announcement last week or next week or heck even two years ago. But not on 420. I’ll now put on my flame retardant suit, And also prepare for likely moderation. Again, I have no problem with the announcement. I’m criticizing the timing, and thus, the optics.
- Roscoe Tom - Monday, Apr 20, 15 @ 10:32 am:
Drug schools are great for the “students.” Past history form the eighties shows the Cook County drug schools let north siders meet south siders and anybody and everybody could walk out with all kinds of new connections.
- Clapton-Marley Overdrive - Monday, Apr 20, 15 @ 10:41 am:
Wolcott: She’s a politician. It’s all about the cult of personality. Next, you will see her in a wheelchair, cape and with a cigarette holder. No accidente. Nada.
- Upon Further Review - Monday, Apr 20, 15 @ 10:43 am:
“People busted repeatedly with minor amounts of marijuana could face treatment rather than prosecution under a set of “sweeping” reforms Cook County State’s Attorney Anita Alvarez…”
I am not sure if that summary is correct. First time offenders with small amounts are going to get the kid glove treatment, but those with multiple arrests for drug possession are going to be liable for prosecution according to the reports that I saw yesterday.
I can see this as prosecutorial discretion. The news reports that I saw on television suggested that a third or fourth arrest would likely result in prosecution. The reports also suggested that the State’s Attorney would be keeping notes on those arrested for future reference even when those arrested were not hauled before a judge.
- LizPhairTax - Monday, Apr 20, 15 @ 10:49 am:
Alvarez: Smoke Dope! Don’t watch 60 Minutes!
- Left Leaner - Monday, Apr 20, 15 @ 10:50 am:
About time and overdue.
- Dirty Red - Monday, Apr 20, 15 @ 11:01 am:
A positive step, but what happens to these nonviolent individuals if/when these social service programs are overwhelmed by delayed payments and budget cuts?
- Amalia - Monday, Apr 20, 15 @ 11:05 am:
conviction hungry prosecutor is not a description I would give to any State’s Attorney as there are tons and tons of cases, crime being what it is, but a former US Attorney…..
tick tock on that Blagojevich decision. fun weekend listening to Robert on the radio.
- Rufus - Monday, Apr 20, 15 @ 11:05 am:
“Class 4 felony drug possession cases accounted for 25 percent of all felony cases in Cook County last year. On top of that, there were 15,000 misdemeanor cases for possession of small amounts of cannabis.”
What did that cost the State (and County)?
- Jabes - Monday, Apr 20, 15 @ 11:33 am:
The Sun Times article is dated yesterday, and I heard it on the news last night, so I don’t think it’s some big “420″ publicity stunt.
- Wordslinger - Monday, Apr 20, 15 @ 11:40 am:
Jabes, some folks open tneir gifts on Christmas Eve.
- nona - Monday, Apr 20, 15 @ 12:18 pm:
So Alvarez will refer hundreds or thousands of offenders into drug treatment at the same time the Governor wants to cut funding for drug treatment. The timing may not work.
- Chris - Monday, Apr 20, 15 @ 12:57 pm:
“So Alvarez will refer hundreds or thousands of offenders into drug treatment at the same time the Governor wants to cut funding for drug treatment.”
Drug treatment is much cheaper than lock-up, so Cook County should be able to fund it while still reducing costs.
- Amalia - Monday, Apr 20, 15 @ 1:08 pm:
Commissioner Fritchey, have we missed your criticism of police and mayors? Police arrest, prosecutors decide how to proceed. with the exception of long term investigations, a long list of arrests proceed to the plate of the SAO from other authorities. they do not invent these arrests.
- Rich Miller - Monday, Apr 20, 15 @ 1:09 pm:
===Commissioner Fritchey, have we missed your criticism of police and mayors?===
Yes, you have.
- Amalia - Monday, Apr 20, 15 @ 1:16 pm:
@Rich Miller, well, that should be included in today’s comment to complete the picture. unless, of course, that is the point.
- Hon. John Fritchey - Monday, Apr 20, 15 @ 1:16 pm:
Amalia, I think it’s fair to say that I have been pretty vocal on the drug law issue for a lot of years now. I started calling for reforms of our drug laws at a time when it was widely considered to be the political 3rd rail and few, if any, other electeds would touch the issue. In 2011, I led the charge to get the city and police department to change their arrest policy on low-level possession cases.
Prior to that, I was highly critical of police handling of the gun violence issue in our city. My statements and willingness to speak out on the issue received local, national and international attention.
In fact, my efforts on criminal justice reform efforts far predate my time on the County Board and go back to my tenure as a State Representative.
- 19th warder - Monday, Apr 20, 15 @ 1:18 pm:
Fritchey might actually get the endorsement of every cook county commissioner if he runs as rumored. Like the last commissioner before him who ran ( Peraika) for states attorney all are hoping he leaves . He might be the least productive commissioner on the board and that’s not easy to accomplish
- 19th warder - Monday, Apr 20, 15 @ 1:22 pm:
I was wondering how many other elected officials refer to themselves as the Honorable?
- Hon. John Fritchey - Monday, Apr 20, 15 @ 1:22 pm:
19th Warder, I don’t really have the time (or desire) to get into this now but in light of what I’ve done on the Board in just over one term, I’d love to hear what you’re basing your comment on. Because it’s definitely not on facts. I’m pretty comfortable putting my record up against most anybody’s.
- Amalia - Monday, Apr 20, 15 @ 1:25 pm:
Commissioner Fritchey, thanks for the explanation. are you running for State’s Attorney?
- Clapton-Marley Overdrive - Monday, Apr 20, 15 @ 1:42 pm:
I thought Toni Preckwinckle had a candidate in mind per Sneed.
- D.P.Gumby - Monday, Apr 20, 15 @ 1:43 pm:
Fritchey would be an excellent replacement for Alvarez…unfortunately, that is a very low bar…she has been a very poor public servant.
- Anon. - Monday, Apr 20, 15 @ 1:44 pm:
While this is a breath of fresh air from her, the fact that it is so obviously politically motivated pains me. She’s politically vulnerable. While obviously, the SA is an elected position, politics shouldn’t motivated these kinds of direly needed reforms. I’m not sure she would have made this move if she wasn’t vulnerable and that worries me.
- Team Sleep - Monday, Apr 20, 15 @ 2:02 pm:
The passage, signing and ongoing implementation of med-mar is softening a lot of hearts & minds on the subject of marijuana usage as a whole. Counties close to where I grew up and went to school openly and aggressively courted growing facilities and dispensaries - even if the main reason for such support was economic development. I hate to use the phrase of “that would’ve never happened a generation ago”, but it’s certainly a positive step forward.
I also think that the neverending budget issues our municipal, county and state governments are facing have to play a part in this lurch forward. Does the public really have the appetite to use property and sales tax receipts and bonding to bust and house pot smokers? Again - even the most conservative counties eventually have to weigh what exactly is the benefit of incarcerating an offender who has 2 grams of pot and no rap sheet.
- Team Sleep - Monday, Apr 20, 15 @ 2:03 pm:
Anon 1:44 - isn’t necessity the mother of invention?!
- walker - Monday, Apr 20, 15 @ 2:47 pm:
John Fritchey’s the real deal. This isn’t a cleverly timed thing with him. He’s been on it for years.
And he not only uses his real name when commenting, but he also makes sure everyone is aware that he’s currently in public office. That’s called accountability.
mark
- Anon. - Monday, Apr 20, 15 @ 2:51 pm:
TS: Sad, but true I suppose. As an attorney, I hold our SA to our higher level of accountability. Her actions (or inactions) have real consequences to lots of folks - and they are usually the folks least capable of being able to be able to protect themselves. Call me an idealist, if you must, but some stuff (like this!) should transcend politics and just be about fulfilling the duty you were elected to execute.
- Jeff Trigg - Monday, Apr 20, 15 @ 2:58 pm:
“On top of that, there were 15,000 misdemeanor cases for possession of small amounts of cannabis.”
What happened to issuing tickets instead of making arrests for small amounts of cannabis, like they said they were going to start doing years ago? It’s hard to believe them now, when the majority of this problem would have already been fixed if they hadn’t lied to us about issuing tickets instead of making arrests years ago.
Hon. Fritchey, may I suggest making a call to Tom and Rahm and asking them why they are still arresting people for possession of small amounts of cannabis when it is fully within their power to issue tickets instead.
- crazybleedingheart - Monday, Apr 20, 15 @ 3:02 pm:
So does this mean Anita will actually back MJ decrim?
LOL
Or, realistically, does it mean that she’s just covering her left flank against potential challengers (possibly including Fritchey)?
Great work on botching the Dante Servin trial, by the way. Directed verdicts don’t grow on trees!
- BlameBruceRauner - Monday, Apr 20, 15 @ 3:25 pm:
Keeping weed illegal has been a top priority for many reasons $$$$. People make lots of money by incarcerating people for non-violent crimes. Layers, Judges, prison vendors, etc. Its another dirty little secret that Reefer Madness was just another episode of Fear Mongering. Most people realize that people on cannabis are not criminals. They are no different that the people who fill the taverns.
- Amalia - Monday, Apr 20, 15 @ 3:42 pm:
“Hon. Fritchey, may I suggest making a call to Tom and Rahm and asking them why they are still arresting people for possession of small amounts of cannabis when it is fully within their power to issue tickets instead.” This.
but, then, that would not be the point,right?
- Hon. John Fritchey - Monday, Apr 20, 15 @ 4:21 pm:
Amalia, you’re assuming I haven’t been having conversations. You’re assuming incorrectly. Gotta go, good exchange everybody.
- Wordslinger - Monday, Apr 20, 15 @ 4:27 pm:
Right this second, if I wanted to, I could, legally, go down to Walgreens and pick me up some Jack Daniels and Jim Beam.
You ever been on the business end of Jack and Jim? And you’re worried about weed?
I could also get a pack of Luckys
The good people of Tennessee and the good people of Kentucky regulate, to the max, what you can call Tennessee whiskey and Kentucky bourbon.
- Amalia - Monday, Apr 20, 15 @ 4:40 pm:
@John Fritchey. thanks. but are you running for state’s attorney? that is a question you did not answer.
- Robert the Bruce - Monday, Apr 20, 15 @ 5:27 pm:
Amalia, do you really expect someone to announce in blog comments?
While it’d guarantee him the geek vote (me and others here), I’m not sure it’d be the best platform.
- Amalia - Monday, Apr 20, 15 @ 6:14 pm:
@Robert the Bruce, oh, I get that. but since Fritchey is so forward about all sorts of things today and consistently in the past on this blog I figured the question should be put to him. Fritchey is plenty happy to explain all sorts of things he’s done but he doesn’t even say he’s looking at running. others have talked about his intentions, it’s not a secret. Fritchey could just be honest and say that he is considering it.
- Grandson of Man - Monday, Apr 20, 15 @ 6:37 pm:
“Right this second, if I wanted to, I could, legally, go down to Walgreens and pick me up some Jack Daniels and Jim Beam.”
Exactly. You can drive around with cases full of alcohol, but if you have a couple of ounces of weed in your vehicle, or a pound, you’re in big trouble.
In Illinois we’re toe dippers. We’re not going full-out legalization like some states. I get it. We have Emanuel and Rauner. Emanuel said he’s against pot legalization, but I credit him with his decriminalization stances (at least).
Rauner, if I’m not mistaken, was originally against medical marijuana, and does not now want to extend medical marijuana for more years.
At least someone is doing something positive for drug policy. I think we should go further and support marijuana legalization, like Colorado, Washington and now a few other states.
One day I hope that any time we plant a seed, the law won’t tell us to kill it before it grows. Earth Day is coming. Earth Day is also a day to celebrate the bountiful produce our Mother provides for us.
- Wordslinger - Monday, Apr 20, 15 @ 7:31 pm:
Grandson, it’s whack.
Ten years from now, all across the country, weed will be as legal as beer. A blind man can see that.
But our farmers are being held back by some phony-baloney med-mar law that only licenses clout-heavy hustlers.
Makes me sick.
Here’s an opportunity:
– The United States is breaking records in oil and gas production, and is a net exporter of refined petroleum.
– Forty percent of corn production goes to government mandated fuel requirements for ethanol, an environmentally brutal source of energy.
– That artificial corn market is further protected with crop insurance. Put them together, corn is a sure thing for any farmer, disincentiving them for growing anything else.
– How’s about we stop expending blood and treasure in tne Mideast for oil that we don’t need?
– How’s about we ratchet back the subsides and crop Insurance for corn-for-energy that benefit only capital-intensive operations and open our land to innovation for private capital and labor? Baby, you can grow anything in Illinois. It’s only corn and beans because the law fixes the market for the chemical companies.
Energy independence, out of the Mideast and expanding labor-intensive entrepreneurial opportunities in declining population rural America.
Anyone got a problem with that?