SMALLER DRUG ZONES ONLY FAIR

WITH ALL the potential criminal justice reforms being announced in
recent months, it looks like there's some sort of tailwind driving
the ship of state toward more realistic processing of felony offenders.

Retroactive sentence reductions are being sought to address
sentencing disparity for crack cocaine versus powder cocaine. Also at
the national level, passage of the Second Chance Act would provide
money for states to coordinate reentry programs for
ex-offenders.

At the state level, recommendations were made to expand eligibility
requirements for the drug courts, proven successful at salvaging
wasted lives and diverting thousands from prison. In addition to
those advances, Governor Corzine's administration and Newark's mayor
promised thoughtful programs to redirect the paths of
recidivists.

An attempt to redefine the school drug zone law is one proposal aimed
at plugging a hole that swallows up many New Jersey defendants. Under
the present school zone law, penalties for distribution of drugs are
more severe within 1,000 feet of a school.

A welcome reform effort

The push to reduce the drug zone to 200 feet and stiffen the penalty
in that smaller area is a particularly welcome reform effort in New
Jersey, the state with the highest incarceration rate for drug
offenses in the nation.

Drug zones are among the most unjust aspects of the criminal justice
system because of the heavy impact on urban communities.
African-Americans and Latinos represent 96 percent of the convictions
under the school zone law. Penalties are more severe for urban drug
offenders than for residents of suburbs, where few schools are placed
close to one another. With schools situated close together, virtually
every drug offense becomes a violation of school drug zone law.

Because cities are so densely populated, school drug zones overlap,
meaning just about anywhere a drug transaction takes place, a more
severe penalty is imposed. The result is considerably more jail time.

Endorsing a plan to reduce the school zone last week, Governor
Corzine heaped praise upon his newly created Government Efficiency
and Reform Commission for agreeing that a reduced-size drug zone is
appropriate. What's to praise? The group is only echoing
recommendations already made at the end of 2005 by the state's
Commission to Review Criminal Sentencing.

Timetable needed

There's little harm in self-congratulation, but it would be more
productive to generate some sort of timetable, along with benchmarks
that demonstrate criminal justice reform is more than a photo-op.
Policy reforms progress sluggishly through the legislative process
as it is, partly because "soft on crime" is a label elected officials
seek to avoid.

The commission moved at a slow and deliberate pace even when it was
staffed. In spite of having no staff at all now, Chairman Barnett
Hoffman is counting on the Legislature to recognize the commission's
value and make it permanent.

Looking progressive on the issue of prison reform is as easy as
calling a press conference. That's a good strategy if all the
administration wants is the appearance of progress. But for real
change, something else is needed. Start with better program
coordination. Beef up prison literacy, education and GED programs.
Then move on to improving prisoner reentry by adopting the
comprehensive support systems so effective in drug courts.

Counseling programs and treatment for addiction are sparse, when in
reality they are just as important as getting a job and a place to
live. Return to the neighborhood with no prospects ensures a
continued cycle of recidivism.

Newark Mayor Cory Booker's heavily promoted reentry program is also
foundering. It was adopted as the answer for many of the tough issues
facing released felons in New Jersey's largest city. Booker's plan is
plagued by the usual suspects -- funding, legislation and not enough
job offers for ex-offenders.

With all the fervor for prison reform, laying the statistical and
theoretical foundation is the only way to get state legislators to go
along. But at the present pace, with so many of the moving parts
still not in sync, the prison population won't shrink fast enough to
make even a dent in the state's billion-dollar prison budget.