DRUG CRIMES RISING

Public Defender Warns of Stiff Penalties for Even First-Time Drug
Offenses

FREEPORT - The number of first-time drug offenders in Freeport being
sentenced to serious prison time is cause for great concern to
Stephenson County Public Defender Glenn Schorsch, who worries that
many of these young offenders may not fully understand the legal
consequences of their crimes.

Schorsch said he has seen about eight to 12 defendants in the last
three months who either have been sentenced or may be sentenced to
prison time for drug charges despite the fact that they have no prior
criminal records.

"I am concerned about the number of first-time drug offenders that are
allegedly engaging in activity where, if convicted, probation is not
an option," Schorsch said. "And I want to do more to get the word out
to prevent these new offenders from making the wrong choices."

Schorsch is talking about defendants who are charged with possession
with the intent to deliver a controlled substance within 1,000 feet of
a church, school, park or public property. With this charge, the
minimum sentence is four years in the Illinois Department of
Corrections if the controlled substance is less than 1 gram and a
minimum six-year sentence if it's more than 1 gram, Schorsch said.

Schorsch said he agrees with the state legislature's tough drug laws
but is worried that many young offenders are not aware of the
mandatory prison sentence that goes along with these crimes.

"I think the seasoned drug dealers are able to convince people with no
prior criminal history that getting caught the first time is not that
bad a thing," Schorsch said. "The fact of the matter is that these
first-time offenders are going to see time behind bars in the Illinois
Department of Corrections. ... It's not just a slap on the wrist."

County State's Attorney John Vogt, whose administration has made
cracking down on drug crimes a priority, said drug offenses with
mandatory prison sentences generally involve the delivery or intent to
deliver illegal drugs to a confidential informant or undercover
officer. Treatment programs are usually recommended for simple
possession cases, Vogt said.

"For the most part, possession in amounts that are for personal
consumption, we don't recommend prison," Vogt said. "We're willing to
try and help the people who are possessing (drugs), but if you are
selling it, you should be punished."

Vogt said most drug offenders should be aware of the 1,000-feet rule
because of how often the charge is prosecuted in this area. To Vogt,
the strict drug laws are important to enforce because illegal
narcotics ruin people's lives and lead otherwise law-abiding citizens
to commit crimes.

"I just think we have to be real consistent with that and discourage
it," Vogt said.

Freeport Deputy Police Chief Robert Smith said the 1,000-feet rule has
been the law for many years. The law was created based on the theory
that certain areas or "safe zones" like those around schools should be
given a greater measure of protection against drug activity, he said.

In the 1980s, Congress and many state legislatures enacted new laws to
stiffen penalties for those convicted of illegal drug trafficking,
officials say. This was in response to a major rise in the amount of
cocaine being smuggled into this country.

"The whole theory behind this 1,000-foot radius is that certain
institutions in society cater to a demographic that is generally a
little more vulnerable than others," Smith said. "It makes all the
sense in the world to establish safe zones around schools, for instance."

Smith said local police are completely behind the legislature's tough
stance on drug crimes.

"If certain people have complaints about the penalties that those
crimes carry, they probably aren't going to muster any sympathy with
me," Smith said, "because I think that those penalties need to be in
place in order to deter people from engaging in that kind of commerce,
particularly in those safe zones."

But Schorsch said more needs to be done to spread the word about the
consequences of drug crimes.

"Obviously, we don't have the funding to put together the programs to
go door to door and let people know about the consequences," Schorsch
said. "But we do have word of mouth. We have wonderful community
groups in the Freeport area. We have good schools and strong places of
worship where proper warnings can be given. And this is at no cost.
It's all about a caring community."

Schorsch said the frequency of drug crimes tends to be cyclical in
nature. He said the number of local first-time drug offenders may be
increasing, but the drug problem in Freeport is not hopeless.

"I don't believe that the drug problem in Freeport is anywhere near
out of control, which is why our involvement with the potential
first-time offenders can have an extremely positive effect on the
entire community," Schorsch said.