NEW LAW COULD ALLOW POLICE TO CITE PEOPLE FOR HAVING DRUG PARAPHERNALIA

Waukesha and Brookfield Consider Ordinance Change

WAUKESHA - In a twist of common practice, de-criminalizing possession
of drug paraphernalia offenses would actually help local law
enforcement's ability to prosecute the crimes.

A state law recently enacted allows local police to themselves
penalize offenders - by issuing municipal citations - instead of
referring those cases to the Waukesha County District Attorney's office.

The law allows Wisconsin towns, villages and cities to take over
enforcement of paraphernalia offenses.

With the office's staffing priorities on more pressing cases,
prosecutors have generally decided to drop the charges while following
through on other crimes - such as possession of marijuana - often
connected to instances when citizens are caught with pipes and other
tools used to do drugs.

But Waukesha and Brookfield are considering ordinances to change the
offenses - which includes delivery or manufacturing of paraphernalia
as well - to municipal violations. It would allow officers to issue
citations, which can't exceed $500, instead of recommending those
charges to the district attorney.

District Attorney Paul Bucher said his office regularly "shipped off"
the charges because prosecuting them became a "ridiculous" use of
resources. He believes the law change will help police streamline
those matters.

"This actually makes a lot more sense," Bucher said.

Waukesha officials will consider its proposed law when the Waukesha
Common Council's Ordinance and License Committee meets April 17, said
Waukesha police Capt. Mike Babe. Brookfield's city attorney is
drafting an ordinance for that city's consideration as well, said
Brookfield police Assistant Chief Dean Collins.

Police often arrest citizens and recommend charges for many related
drug allegations, including possession of paraphernalia, even knowing
that offense likely won't be prosecuted, Babe said.

Police have been able to issue citations to juveniles, but anyone 17
years of age and older has been referred to prosecutors, Babe said.

But he doesn't blame the district attorney's office for not pursuing
the charges, considering other priorities, he said.

"What we're trying to find is an effective enforcement method to have
these prosecuted," Babe said.

Neither Waukesha nor Brookfield officials have recommended a specific
fine amount, which can't exceed $500 under state law.