More than one hundred new laws went into effect on
January 1, 2013, in the state of Illinois, and while some are restrictive,
others show compassion and forward-thinking by our legislators. Public Act
97-889, now in effect, allows a first-time offender charged with or convicted
of possession of less than 15 grams of methamphetamine (also known simply as
“meth” or “crystal meth”) to receive treatment in a drug abuse program rather
than a prison term.
This is excellent news for those who exercise poor
judgment and find themselves either charged or convicted with possession in
this amount, but also for advocacy groups and Illinois taxpayers. Countless
studies have shown that people with substance abuse problems are unable to
receive the help they need inside prison walls, and often enough, drug problems
are exacerbated while one serves jail or prison time. Advocacy groups have long
supported getting drug offenders treatment for their underlying addiction that
causes them to abuse controlled substances like methamphetamine, marijuana,cocaine, prescription narcotics, and more. They argue that prison time does not
address the actual problem and is the reason we see high rates of recidivism,
with people becoming trapped in the revolving door of the criminal
incarceration system.
Not only do first-time offenders and advocacy groups have
reason to breathe a sigh of relief over this new law, but Illinois taxpayers
benefit as well. The rates of incarceration for minor drug possession –
especially among African American and Latino men – are disproportionately high,
as are rates of recidivism. What generally happens is that a young man is
convicted of possession of a small amount of a controlled substance and incarcerated.
After the sentence is served, the young man is released but, because his
underlying substance abuse problem was not addressed or treated, soon finds
himself returning to the object of his addiction. He is charged again, and with
a prior conviction on his record, it is quite easy to send him back to jail or
prison, depending on how he is charged.
This unfortunate cycle repeats itself to the detriment of
the many. The young man’s life effectively comes to a halt, and the lives of
his family members are similarly disrupted during the course of his absence.
Society in general loses the benefit of one of its productive members, and
Illinois taxpayers are stuck footing the bill for yet another cog in the
bloated prison system. Prison overcrowding is a huge problem nationwide, and
there are many people in the system, like first time drug offenders convicted
of possessing relatively small amounts of a controlled substance, for whom the
argument for incarceration is not particularly compelling.
Thankfully, Illinois lawmakers have stepped up and chosen
to address the treatment vs. incarceration problem and have sided with getting
people the help they need. Hopefully, with educational programs, support
groups, and treatment, Illinois can help these individuals deal with their
addictions so they can resume their lives, steer clear of the justice system,
and continue being productive, upstanding members of the community.
If you or a loved one is currently dealing with a
criminal investigation or prosecution on the misdemeanor or felony level, time
is of the essence. Contact the Law Offices of Raymond G. Wigell, Ltd., at (708)
481 – 4800. Attorneys are available 24/7, and the first consultation is free.
With our 37 years of experience, let us help you in your time of need.
No comments:
Post a Comment