Pubdate: Thu, 11 Feb 1999
Source: Sioux City Journal (IA)
Copyright: 1999 Sioux City Journal
Contact:  http://www.siouxcityjournal.com/
Details: http://www.mapinc.org/media/945
Section: Capitol Correspondent
Author: Kate Thompson

LAWMAKERS UNVEIL PLAN TO FIGHT DRUGS

DES MOINES - House and Senate Republicans released the first part of their 
proposal to fight drugs in Iowa on Wednesday.

If adopted, Republicans say it would make Iowa's drug laws the toughest in 
the nation.

"Dealers know," said Rep. Chuck Larson Jr., R-Cedar Rapids, who chairs the 
House Judiciary Committee. "We will push them out of Iowa."

The proposal includes more than just tougher sentences.

"I believe we have a proposal this afternoon that does much more than get 
tough on meth," said Sen. Andy McKean, R-Anamosa, chairman of the Senate 
Judiciary Committee. "Too often, our only response to crime is to pass 
tougher sentencing."

He said methamphetamine abuse is a societal problem and while lawmakers are 
planning to pass tougher sentencing laws, they must also include treatment 
and prevention as part of the effort.

"Our current law is not a bad law," McKean said. "This makes it a much 
better law."

Larson said lawmakers have worked with federal and state prosecutors in 
developing their proposals, which go beyond methamphetamines and include 
all drugs.

The lawmakers met earlier Wednesday with Iowa Gov. Tom Vilsack and said 
they expect to work out an agreement with him on some of the issues. Other 
issues, such as treatment proposals, will come later, they said.

The proposals drew positive reaction from Woodbury County Attorney Tom 
Mullin, who qualified his support, noting that he has not seen the final bill.

"Society has to take extremely strong measures to conquer the horrible drug 
problem," he said.

The following components will be included in the legislation proposed 
Wednesday:

-Impose a 99-year sentence for manufacturing meth with intent to distribute 
to a minor or selling meth to a minor. Some reductions for cooperating with 
law enforcement also would be available as a tool so prosecutors can go 
after dealers and manufacturers.

It's likely someone convicted under this proposal would serve at least 10 
years in prison, Larson said.

Mullin said there is a clear moral difference between a mature adult who 
sells drugs to children and a teen-ager who sells meth to his 17-year-old 
girlfriend at cost. The proposal, which would allow discretion, would let 
prosecutors go after the person who is preying on children and deal with 
them harshly.

-A first offender convicted of selling meth would be required to 
successfully complete drug court or stay at a community-based correctional 
facility. Second offenders would go to prison.

-A first offender convicted of making meth would be sent to a drug court or 
community-based correctional facility.

-A first offender convicted of possessing meth would be sent to a six-month 
sentence in a residential community-based correctional facility. Drug 
testing would be required.

There are too few community-based correctional facilities now and not 
enough treatment available, said Mullin. Lawmakers say they may add up to 
300 beds for such facilities this year.

-A first offender convicted of possession of other drugs, including 
marijuana, would face a minimum two-day jail sentence but the sentence 
would be suspended after the person successfully completed one year of 
probation including drug testing.

"I think holding a jail sentence over the head of someone convicted of 
first-time, so-called simple possession might be a good incentive to stay 
off of drugs," Mullin said. "A lot of people want to do anything possible 
to avoid spending even two days in jail. The judge has the final say ... if 
an offender fails, he could be sentenced to a lot more time. It provides a 
good incentive and people with drug problems need every incentive they can 
get."

-Appeal bonds would not be allowed for drug manufacturing and sales for 
second offenses or for larger manufacturers and dealers.

"We know that someone who is convicted of drug dealing will be out dealing 
while they are on appeal, poisoning more people in the community," Mullin 
said. "Those people need to be off the streets."