Sentencing: Public Hearings on Illinois SMART Act Pack 'Em In

Supporters of an Illinois bill that would allow judges to divert low-level drug offenders into county "drug schools" instead of jail or prison are holding a series of public hearings across the state to drum up renewed support for the stalled measure. If the turnout in Chicago is any indication, public interest is high.

Illinois House Bill 4885, the Substance Abuse Management Addressing Recidivism Through Treatment (SMART) Act", would appropriate $3.5 million to allow state's attorneys' offices to open drug schools where low-level drug offenders could have their cases dismissed and arrest records expunged after completing an eight-hour course and -- depending on a mental health and addiction assessment -- possibly undergoing drug treatment.

The bill would allow counties to opt to follow the example set in Cook County (Chicago), where District Attorney Dick Devine pioneered the drug school idea. In the Cook County Drug School program, first-time drug possession offenders are offered mental health screenings, addiction assessment, and an eight-hour drug education program, and some -- depending on their assessment -- may be ordered into drug treatment. The county spends roughly $350 per person per year on the program, compared to the more than $21,000 it costs to incarcerate someone for a year.

After being introduced in January, the bill stalled in the legislature this fall, but supporters were able to pass a resolution calling on legislators to participate in a series of public hearings on alternatives to imprisonment and issue a report on those hearings. Hearings have already been held in Champaign, East St. Louis, and Chicago, with more set later this month for Decatur, Rockford, Rock Island, and Waukegan.

At the October 25 meeting in the Ashburn Lutheran Church in Chicago, the Southwest News Herald reported that "hundreds of people crowded into the church for the hearing, with some coming on buses from as far away as Rockford." Convened by the Developing Justice Coalition, a statewide alliance of community-based social service and religious organizations working on issues such as sentencing reform, prisoner re-entry, and public, the hearing featured several dozen speakers, including many ex-prisoners who said their drug arrest records had dogged them ever since. The coalition was organized by the Safer Foundation, which works to help ex-prisoners re-enter society.

Turnout for the hearing was "phenomenal," said Ashburn Lutheran pastor the Rev. Pam Challis. "It has been a long time since we had to put chairs in the aisles," said Challis, looking around at the standing-room only crowd after the meeting. "It is indicative of the fact that this is needed."

"I am a product of incarceration. I was in jail twice, and while I was incarcerated I learned absolutely nothing," said drug educator Armando Fox. After the Brighton Park Neighborhood Council gave him "a second chance" he was able to turn his life around. "Sometimes the choices we make aren't always the best, but we really shouldn't just throw people in prison. They don't learn anything."

But with its current drug laws, the state of Illinois throws quite a few people in prison. It spends nearly $250 million a year on its prison budget.

Attending the hearing were state Representatives Mary Flowers (D-31st) and Esther Golar (D-6th). Flowers, a 23-year veteran of the legislature, accused the body of passing "bad legislation" with its zero tolerance drug laws that set strict sentencing guidelines for drug offenses. "Some of those crimes should have been probational. The only thing we did was dig ourselves a bigger hole at your expense," she said.

The legislature is out of session now, but the SMART Act will probably come to a vote in January. Advocates are doing all they can do to show lawmakers there is broad public support, and packing hundreds of people into a hearing on a relatively obscure piece of legislation is a good start.

Permission to Reprint: This article is licensed under a modified Creative Commons Attribution license.
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Prisoner #11087-026 100 years

What will this bill do for currently incarcerated men? that have been given life sentences for small drug posssession, Sentences that are clearly racial. Prisoner # 11087-026 is on the 10th a year of a 100 year sentence for 32 grams of cocaine, not murder, not child molestation, basically addication. What will this sentence and many others cost the American tax payers, if and when these prisoners re-enter society at the ripe old age of 60+ years what benefit will they be to society. The unjust sentencing practices will only create a new breed of terrorism on American soil

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