Act shrinks cocaine sentencing disparity
by Rhonda Gillespie
DEFENDER STAFF WRITER
The nation is one step closer to closing the sentencing disparity between crack cocaine and pow- der cocaine offenses, thanks to The Fair Sentencing Act passed last week by the U.S. Senate. The bill, introduced by Ill. Sen. Dick Durbin, decreases the gaping 100 to 1 sentencing dif- ference down to 18 to 1. As it is now – and has been since 1986 – possession of five grams (rough- ly a the size of a sugar cube) of crack cocaine meant a mandato- ry minimum sentence of five years. Conversely, that was the same sentence given for having 500 grams (about one pound) of powder cocaine.
The five grams of crack cocaine versus 500 grams of powder cocaine was considered a 100 to 1 disparity.
Civil rights leaders and other advocacy groups long consid- ered the sentencing difference racist, since it disproportionately affected African Americans. Durbin agreed.
“What we have today, 100 to 1, is totally unjust,” Durbin told the Defender. “It is not only a harsh sentence, it is unfair to one group of Americans.”
Published reports indicate that African Americans make up about 30 percent of the crack users and 80 percent of those convicted of federal crack offenses. The Act was unanimously passed by the Senate Judiciary Committee then passed unop-
Dick Durbin
posed by the full Senate. It cuts first time offenders a lot of slack in sentencing – at least 5 years worth.
It had been at least a yearlong battle getting the Act through the Judiciary Committee, Durbin explained. And he had hoped to completely eliminate the sen- tencing disparity by making it 1 to 1 but the current compromise was what could be reached with Republican senators without totally killing the measure, he said.
Though not exactly what Durbin and his junior colleague, Sen. Roland Burris would have hoped for, Durbin called even 18 to 1 a “dramatic improvement” over the current law. Burris echoed that.
“I'm not satisfied with 18 to 1. There should be no difference,” Burris told the Defender. “Cocaine is cocaine.”
They both agree that even with compromise, the reduction is better than none at all.
“I wasn't going to stop it, then
Roland Burris
the law would stay the same,” Burris said, accounting for his part in the unanimous Senate consent.
Both Democrats point to the ravages of drugs in the nation's communities, in general, but especially in the Black commu- nity.
Still, the law's disparity helped create more havoc than it helped to resolve some of the drug prob- lems in the Black community, Burris explained. “We got individuals in federal prisons who really need treat- ment more than they need incar- ceration,” he said. “Especially the first time users.”
Despite the Senate's approval and the compromise, “this isn't the end of the battle,” Durbin said.
The bill moves on to House for approval and both senators said they have talked to mem- bers of the Congressional Black Caucus to relay that, ideally, Durbin and Burris hope 1 to 1 is passed.
Chicago Transit Authority cards set to expire soon
Chicago Transit
Authority
officials say tens of thousands of fare cards purchased four years ago will expire this year and free replacements are avail- able.
That includes nearly 60,000
Chicago Cards and more than 28,000 Chicago Card Plus cards.
Some will expire as soon as next month.
Customers who have regis- tered their cards will be notified
State budget cuts could devastate social services
by Kathy Chaney
DEFENDER STAFF WRITER
One social service agency’s entire vocational program may be wiped out if the state's proposed budget cuts in human/social services is approved. As Illinois faces a deficit of about $13 billion, Gov. Pat Quinn proposed $2.2 billion in spending cuts, including $150 million to human services that provide child- and adult-care services for those in need.
If that happens, many of its clients may go back to living in state facilities, some parents will have to dole out funds to pay for day care and some clients may end up in the criminal justice system, according to George Jones Jr. of Ada S. McKinley Community Services Inc. He explained that with Ada S. McKinley, which provides childcare, mental health, foster care and adoption and vocational training, among other services, up to $5 million would be at stake if the budget passes. “We’re trying to gauge the overall impact the cuts will have on us if it pass- es. Our clients just won’t be served and it’ll have a tremendous affect on them and their families. No one wins when a budget is slashed,” Jones, the agency’s executive director, told the Defender. At stake is primarily all of the funding – $3 million to $5 million – for the agency’s vocational programs that help with job skills and placement; 42 percent of the funding for its mental health pro- grams and nearly 3 percent for the remainder of the services it provides. “You try to develop quality programs and the state just constantly cuts. They want us to do more with less and that’s just not possible. If we can't serve our clients, many will have to go back in state facilities because their families may not be able to pay for care for them while they’re at work. Worse, some may end up in the criminal justice system. This will have a huge impact,” Jones said. With reduced funding, a layoff is almost certain, he added, which will increase the unemployment roll for Illinois.
online. But those who haven’t should check in person, phone or online. Officials say if cards aren’t replaced, customers could lose the remaining balance on their card.
4 Chicago Defender • ChicagoDefender.com • March 24-30, 2010
Ada S. McKinley is not alone in the budget squeeze.
The Ounce of
Prevention Fund, an early childhood education advocacy organization, said 16 percent of their funding for early childhood programs is on the line. Ounce of Prevention Fund receives the Early Childhood Block Grant, which
funds programs for preschool, including education prior to the preschool years. The proposed budget cuts will chomp the grant’s funding by $55 million, said Diana Rauner, the organization’s execu- tive director. “We’re talking about cutting programs that were already struggling. Many of the agencies we partner with across the state have already experienced cuts and delayed payments from the state. The late payments are killing the programs and making it less likely for the agencies to meet their payroll demands. When that happens, the cuts then will reverber- ate across the landscape. No cushion is then left for us,” said Rauner. She said the organization serves many teenaged and young mothers and their families who are reluctant to put their faith in some organizations.
Funding programs for ages birth to 5 years old as part of the educational sys- tem is the best way to maximize taxpay- ers’ investments in education. But if the cuts are approved, disadvantaged chil- dren who don’t participate in quality pre- school and other early education pro- grams are 50 percent more likely to be placed in special education and 25 per- cent more likely to drop out of school, said Rauner.
“They are the least likely to trust an institution and if we don’t have the fund- ing for our programs and have to pull back, we just may lose them. That’s something we can’t afford,” she said. The Court
Appointed Special
Advocates of Cook County, a non-profit organization that trains volunteers to work with foster children, said while they don’t receive state funding, they feel the sting from the budget cuts. The organization’s volunteers spend time with the children, attend their court appointments and maintain contact with attorney’s representing the children's interest, among other things.
“Because we provide services to sev- eral agencies throughout the county who rely on state money, when their funds are cut, we get extra referrals and have to dip into our reserves,” said Lanetta Haynes, executive director of CASA, which is funded primarily by private foundations, individuals and holding special events. To help stave off the cuts, Rauner said a short-term solution may be the pro- posed income tax hike. But long term, “We need some real reform, real leadership,” Rauner replied.
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