Cook County State's Attorney Anita Alvarez overhauls drug policy

CHICAGO (WLS) -- Effective immediately, Cook County State's Attorney Anita Alvarez will not prosecute anyone caught with less than 30 grams of marijuana on the first or second offense. However, offenders who show up in court a third time will be sent to drug school.

"What we are doing is simply not working," Alvarez said Monday morning. She said the county is spending too much money and time cycling offenders in and out of the system. Starting now, offenders charged with a low-level marijuana felony will be routed to an alternative prosecution program. She said she wants to offer "treatment instead of traditional prosecution."

Offenders hit with a Class 4 felony who have a non-violent history will be routed to social service agencies for drug abuse treatment. Satisfy the program, and the charges are dropped.

"In drug school, the success is phenomenal. Ninety-percent of the people complete it and around 85-percent don't have further drug arrest," Pam Rodriguez, Treatment Alternatives for Safe Communities (TASC) CEO said. TASC refers roughly 2,000 drug offenders a year for community-based treatment. With Monday's change in policy, that number could double or triple at a time when funding is being cut. Proecutors said the Affordable Care Act could help, and that money will be saved by sending fewer people to jail.

"I am not promoting any drug use. I am not promoting legalization of anything," Alvarez said. "We have to ask ourselves are we being smart here? Are we giving people services they need? Or are we going to continue processing these cases?"

Many communities have already moved to decriminalize marijuana possession by issuing tickets instead of filing criminal charges in low level cases. Alvarez said those tickets will count as an arrest and offenders will still have to pay fines.