STUDY PUSHES REPEAL OF MANDATORY MINIMUM SENTENCES FOR SCHOOL ZONES

York County's district attorney likes having the option; defense
lawyers would like to see the mandatory minimum repealed.

Most of the City of York falls within a drug-free school zone, so an
adult convicted of even a first-time offense could face time in state prison.

It's up to the district attorney whether to invoke mandatory minimum
sentences of two to four years for drug offenses that occur within
1,000 feet of school property.

If the district attorney does so, a judge must hand down that
sentence -- whether or not he or she agrees with it.

The law doesn't distinguish whether it's someone selling drugs in a
house within the drug-free school zone during the middle of the
night, or a drug dealer selling to children near a school.

The Pennsylvania Commission on Sentencing is recommending that
legislators repeal the drug-free school zone mandatory sentences and
let judges to determine the sentence based on already-existing
guidelines that would include increased time.

Some, however, say they want to see defendants receive the stiffest
penalty possible.

The commission said mandatory sentences are used inconsistently
across the state, said Mark Bergstrom, executive director of the
commission. Some district attorneys invoke it every time. Others
rarely use it, he said.

In addition, there's no required link between the drug deals and the
school zone, Bergstrom said. The zone extends 1,000 feet from the
edge of the school property, so it includes people living blocks away.

Another tool in the arsenal

York County District Attorney Tom Kearney said his office determines
whether to invoke the mandatory sentence based on the facts of the
case. It's a tool in his arsenal that he likes to have.

Kearney said he wants to punish anyone who commits a crime, but he's
more interested in using that type of sentencing on dealers than
sending an 18-year-old high school student upstate because he got
caught up in something.

"I like the flexibility the legislation has provided to me," he said.
"What we want to get are the bad guys."

However, Kearney said he can understand the concern about the lack of
consistency in the use of drug-free school zone mandatory sentences
across the state.

If someone commits the same crime both York and Adams counties, but
they're treated differently in each county, Kearney said, he can see
some justification in the sentencing commission being concerned about that.

"At the end of the day, I believe it's a political decision," Kearney said.

Legislature unlikely to change law

In general, legislators will need to address mandatory minimum
sentences for first-time, non-violent offenders because the state
prison population keeps going up while crime has been decreasing,
state Rep. Eugene DePasquale, D-West Manchester, said.

However, he cautions against lessening any offense in a school zone
because it puts children in danger.

State Rep. Seth Grove, R-Dover Township, said the intent of the law
is to make sure that drug dealers don't set up shop, and the 1,000
feet helps to protect the sanctity of that area.

"It's to protect the kids going to school," he said.

Dallastown Area School District Supt. Stewart Weinberg said the
drug-free school zones help to keep drugs off of school property, and
he's not interested in lessening the penalties.

If someone's dealing at 2 a.m. out of a house, what's going to stop
that person from doing it when school is in session, he asked.

If the penalties are lessened, "you're not helping me create a safe
environment for students and staff," Weinberg said.

Grove said he's not sure the votes are there to change the law.

Defense attorneys would like to see repeal

Two local defense attorneys, however, said the mandatory minimum
drug-free school zone sentences can be unfair, and they hope the
legislature will repeal it.

"It just takes too much power away from the judge," defense attorney
Richard Robinson said.

Robinson said he represented a student at Franklin & Marshall College
in Lancaster County who was selling marijuana in his dorm room to
some friends. The student did not have a prior history.

The district attorney threatened to invoke the mandatory minimum,
which would have sent the student to state prison for two years. At
the end of the day, the student received probation.

"They have a hammer over your head," Robinson said.

Defense attorney Christopher Ferro said he agrees that it takes the
discretion out of a judge's hands to judge each defendant on the
merits of the facts.

It's an arbitrary distinction of where the school zone is, and it
doesn't really take into account whether there were minors involved.

"It's justice by tape measure, which makes no sense," he said.

One of the most unfair aspects is that the law disproportionately
affects defendants in urban areas because of the number of school buildings.

"It's almost impossible to go anywhere in York City, and you're not
in a drug-free school zone," he said.

READ THE REPORT

To read the Pennsylvania Commission on Sentencing's 2009 annual
report, visit http://pcs.la.psu.edu/