States say drug-free school zones off-target

? In reaction to the crack epidemic of the 1980s, laws creating drug-free zones around schools spread nationwide. Now, hard questions are being raised – by legislators, activists, even law enforcement officials – about the fairness and effectiveness of those laws.

In New Jersey, Connecticut and Washington state, bills have been proposed to sharply reduce the size of the zones. A former assistant attorney general in Massachusetts reviewed hundreds of drug-free-zone cases, and found that less than 1 percent involved drug sales to youths.

Citing such developments, the Washington-based Justice Policy Institute is issuing a report today that contends such laws, which generally carry extra-stiff mandatory penalties, have done little to safeguard young people and are enforced disproportionately on blacks and Hispanics.

“For two decades, policy-makers have mistakenly assumed that these statutes shield children from drug activity,” said report co-author Judith Greene, a New York-based researcher. “We found no evidence that drug-free zone laws protect children, but ample evidence that the laws hurt communities of color and contribute to mounting correctional costs.”

New Jersey’s sentencing review commission reached similar conclusions in December, when the panel – made up of state officials and criminal justice experts – found that students were involved in only 2 percent of the cases it examined. It said drug-free zones around schools, parks and housing projects cover virtually all of some cities, and 96 percent of offenders jailed for zone violations were black or Hispanic.

Instead of declining, drug arrests in the zones have risen steadily since the law took effect in 1987, the commission found.

A bill based on the panel’s recommendation has been introduced that would reduce the zones to 200 feet from the present size of 1,000 feet around schools and 500 feet around parks and public housing. Drug dealers in the smaller zones would face five to 10 years in prison, compared to three to five years under current law – but judges would have more discretion in sentencing.

In Washington, state Sen. Adam Kline has proposed reducing drug-free school zones from 1,000 feet to 200 feet, and limiting the law’s application to regular school hours. In Connecticut, a hearing is scheduled Friday on a bill that would reduce school zones from 1,500 feet to 200 feet.