Pubdate: Fri, 20 Jun 2008 Source: Times, The (Trenton, NJ) Copyright: 2008 The Times Contact: http://www.nj.com/times/ Details: http://www.mapinc.org/media/458 Cited: Drug Policy Alliance New Jersey http://www.drugpolicy.org/about/stateoffices/newjersey/ Bookmark: http://www.mapinc.org/find?217 (Drug-Free Zones) Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) ZONE DEFENSE A policy that would seem to brook no argument is being re-evaluated of late by lawmakers, school officials and community leaders. The drug-free zones that encircle every school and public building in New Jersey were, of course, established to protect children from being preyed upon by drug dealers. Anyone caught and convicted of selling or possessing a significant quantity of drugs within 1,000 feet of schools or 500 feet of parks, libraries, museums or public housing projects faces a mandatory minimum jail sentence of one to three years and a $15,000 fine. But those dealing in cities such as Trenton, where an estimated 80 percent of the city falls within drug-free zones, are caught in overlapping parabolas of protocol. We have no sympathy for them, not a drop, but we do recognize that the mandatory punishment of the drug-free school zone may be too harsh for the offense. Drug dealers in suburban areas where schools are widely spaced are given much more lenient sentences for the same offense because their crime is beyond the boundaries of the drug-free zones. To address that inequity, several legislators have proposed plans, such as reducing the zone from 1,000 feet to 200 feet. Others adamantly disagree with that intent, insisting that the welfare of the children is paramount. They are absolutely correct in that; the dealers, their trade and their influence should be kept far away from the kids and the schools. We owe our children that pledge and protection. However, there's a disturbing consequence of these lines in the asphalt. It may be more socioeconomic than racial, but 96 percent of those jailed for dealing drugs within the zones are black or Hispanic, according to the nonprofit Drug Policy Alliance New Jersey. As Roseanne Scotti, Alliance director, says, "Basically, this law amounts to two different penalties being given for the same exact crime -- the only differences between the two penalties are geography and race." That's why we support a bill advanced by Assemblywoman Bonnie Watson-Coleman, D- Ewing, to keep the drug-free zones at 1,000 feet while giving judges more discretion in sentencing. Her bill would make carrying a controlled dangerous substance a second-degree crime and allow the judge to issue imprisonment for five to 10 years and pose a fine of $150,000. But the judge could impose alternate penalties if there are mitigating factors such as whether school was in session at the time of the offense or whether a child was involved in the deal. The drug-free law is a good law, but it needs to be tempered. And Watson-Coleman's bill seems to strike the right balance. - --- MAP posted-by: Richard Lake