Cook County seeks to reduce pot penalties

Cook County no longer will prosecute first- or second-time offenders for possessing small amounts of marijuana and even repeat offenders will be steered toward drug school instead of the courts.

The new procedures will apply to people charged with possessing less than 30 grams of marijuana, which typically has resulted in misdemeanor charges, Cook County State's Attorney Anita Alvarez announced Monday.

They'll apply to people who have fewer than three arrests or municipal violations for similar charges. Those with three or more misdemeanor arrests or citations will be referred to drug school and their cases will be dismissed if they complete the requirements, Alvarez said.

Meanwhile, nonviolent offenders charged with Class 4 felony possession of a controlled substance or marijuana also will be diverted to a treatment and social service program called the Drug Deferred Prosecution Program, Alvarez said. That generally includes people accused of possessing drugs such heroin or cocaine or larger amounts of marijuana.

People given municipal citations for drug possession won't necessarily get the same deal, Alvarez said. Those cases are handled by municipal prosecutors.

"We're focusing on the cases that end up with us," Alvarez said.

The program is expected to ease jail and court crowding, but Alvarez said the reason for the change is to try to end the "revolving door" of drug offender arrests and address chronic drug use and addiction as a public health issue.

"The methods in which we are handling low-level drug cases here in Cook County are simply not working," Alvarez said. "Under our current policies and practices, we continue to see the same individuals revolving in and out of our criminal justice system with no meaningful impact or outcome and at a significant cost to taxpayers. We hope to get people who are true addicts the help they need to put an end this revolving door."

Cook County Sheriff Tom Dart hailed the changes and Cook County President Toni Preckwinkle said it's about time.

"I am pleased to see that the state's attorney has finally recognized what many of us have been saying for years: that our failed drug policies are resulting in the unnecessary detention and incarceration of thousands of people, primarily young men of color who are accused of nonviolent, low-level drug offenses each year," Preckwinkle said in a prepared statement.

Class 4 felony drug possession cases account for 25 percent of all felony prosecutions in Cook County circuit court, Alvarez said.

Now, prosecutors will determine at bond court whether a defendant is eligible for the diversion program. If so, the defendant will receive an I-bond or individual recognizance bond sparing him or her a stint in Cook County jail and a follow-up court appearance, Alvarez said.

Alvarez's office has expanded deferred prosecution programs for adult defendants charged with nonviolent offenses since 2011. Among the mandatory requirements are restitution to victims and drug or alcohol treatment, if necessary. Participants must also have jobs or perform community service and remain free of new charges. Prosecutors will dismiss the charges against those who successfully complete the program.