REPEAL OF DRUG ZONES LAW IS SOUGHT

Baltimore judges, prosecutors did not uphold measure

Mayor Kurt L. Schmoke will ask the City Council to eliminate
Baltimore's "drug-free zones" law because city prosecutors and judges
did not uphold it.

Schmoke will make the request on behalf of Baltimore Police
Commissioner Thomas C. Frazier, who wants the council to help devise
legislation that would allow officers to more effectively seize
illegal guns and drugs.

The council established 50 drug-free zones in 1989 during the "Just
say no to drugs" movement. In the zones, located around schools and
high-crime areas, police are allowed to search and arrest loiterers.
The council added 10 zones in 1994.

Baltimore did not prosecute almost all of the people arrested by
police in drug-free zones during the first nine months of 1998, a West
Baltimore councilman's recent research showed.

In the survey, conducted by 4th District Councilman Keiffer J.
Mitchell Jr., 25 of 26 misdemeanor loitering arrests in the 60 zones
were not prosecuted. Misdemeanors in Maryland are punishable by up to
two years in jail and a $2,000 fine. Four of the 30 people arrested in
the zone during the study period spent time in jail.

Prosecutors and judges have opposed the law because they consider it
an infringement on the constitutional right to assemble. The U.S.
Supreme Court is expected to rule on a similar Chicago loitering law
used to remove

gangs from street corners. During recent arguments before the Supreme
Court, justices expressed concern about the law.

Baltimore police have welcomed the zones, saying they give officers
probable cause for searches and seizures. Police officers worry that
removing the law will hamper their ability to answer resident complaints.

Maj. James L. Hawkins, police commander of the Eastern District, said
yesterday that his officers handle about 20 percent of the city's
80,000 emergency calls each month. Most, he said, are complaints about
people loitering on street corners.

The drug-free zone law gives officers probable cause to move people
along and frisk them. "It's going to be quite interesting how we can
effectively deal with those concerns without this tool," Hawkins said.

Clogged court system

Schmoke noted that the city's circuit courts are so clogged that four
first-degree murder suspects were set free because their cases were
not heard before the expiration of the state's speedy trial deadline.
He said police handling the loitering cases can be better used
fighting crime.

Mitchell called for the abolition of the zones, saying they are a
waste of police effort.

In addition, a study on how Baltimore handles crime is expected to
recommend that the city become more aggressive in searches and
seizures to intercept illegal drugs and guns, Schmoke said.

"We need the ability for police to intervene to find weapons on the
street," Schmoke said. "I'm very, very aware of how intrusive that can
be so we're working together on the protocol, because we don't want to
see an increase in complaints against police."

The Maryland chapter of the American Civil Liberties Union welcomes
the abolition of the drug-free zones. ACLU officials cautioned city
leaders to wait until after the Supreme Court ruling before drafting
new legislation.

"We've been traditionally concerned about loitering laws and their
potential for misuse," said Dwight H. Sullivan, the chapter's managing
attorney. "Before we adopt any new legislation, we want to see what
the Supreme Court says about that case."

Circuit Court takeover

In addition to removing the drug-free zones, Schmoke said he will push
for the state to take over the Circuit Court system in Baltimore and
throughout the state. Gov. Parris N. Glendening plans to follow
through on his proposal for the takeover during the current
legislative session, Schmoke said.

Schmoke also said that the city will seek $2 million from the state to
help Baltimore State's Attorney Patricia C. Jessamy upgrade her
office's computer system to better track cases. The $2 million state
grant would be matched with $2 million in city funds, Schmoke said.

Last year, America's 10 largest cities reported a 12 percent drop in
murders, compared with 1997, while the number of Baltimore murders
rose from 312 to 314. The city asked a Harvard University professor to
study Baltimore's crime-fighting strategy and suggest ways to help the
city more effectively intercept illegal guns.

"We are not moving in the right direction," Schmoke said. "We can't
let these numbers go in the direction they continue to go."