Introduction

The overall goal of this proposed legislation is to get smarter about the way we address low-level, nonviolent drug crimes in Illinois, building on both the success of alternative sentencing models that have been effective in Cook County and elsewhere in Illinois and the recommendations of the American Bar Association’s Justice Kennedy Commission.

Current Law

Under current law, possession of 15 grams or less of controlled substances and 100 grams or less of cannabis are Class 4 felonies, punishable by either probation and a fine or a prison sentence.

• According to an IDOC research report, there were 3,247 nonviolent Class 4 drug offenders imprisoned in Illinois on September 30, 2005.
  
  
• The annual cost to taxpayers for their stay is $71,758,700.00. This cost is in addition to the outlay of cash required to cover the prosecution and parole expenses.
  
  
• With the rate of recidivism at 54.7%, more than half of those returning to local Illinois communities will return to prison within 3 years due to technical & criminal violations.
  
  
• The greatest challenge noted among formerly incarcerated persons is their inability to find work after returning home due to their record of prior conviction.
  
  

Proposed Changes

§ In a nutshell, the proposed legislation would take what are now Class 4 felonies for nonviolent drug offenses and make the standard sentence mandatory drug school (based on the model currently in use by Cook County State’s Attorney Richard Devine), substance abuse assessment, and mental health screening. The legislation also would increase discretion for courts to order alternative sentencing for repeat nonviolent drug offenders in appropriate cases.

• This proposed legislation would reduce recidivism, allow those charged with lower-level drug crimes to be treated so that they can become productive members of the community, and thereby ultimately improving public safety in communities throughout Illinois while at the same time reducing costs to the State.
  
  
• The cost of drug school is $153.00 per person. The drug addiction assessment and mental health screening costs are a $135.00.
  
  
• The Cook County State's Attorney's Drug School reports a recidivism rate of only 15% for those that successfully complete the four-week program (80% complete the program). Upon completion, participants are not saddled with a criminal record.
  
  
• As is currently the case for DUI offenses, the offender should be required to complete any services called for by the assessment or screening, with appropriate accommodation made for those who cannot afford these services.