for BigTrial.net
In Philadelphia, under our new D.A., Progressive Larry Krasner, it's now legal to be a prostitute, providing you're just getting started.
Under new policies announced on Feb. 15th by Krasner, his assistant D.A.s are being told "do not charge prostitution cases against sex workers where a person who has been arrested has two, one, or no prostitution convictions." In the case of a new hooker, ADAs are instructed to "withdraw all pending cases in these categories that would be declined for charging under this policy."
But if a person has "three or more prostitution convictions," then an individual can be "charged with prostitution and immediately referred to DAWN Court," the new rules state. It's enough to make you wonder what Larry Krasner has against old hookers.
Other offenses that ADAs are being told to decline charging include possession of marijuana "regardless of weight," and paraphernalia offenses "where the drug involved is marijuana."
A former prosecutor who read the new policies described them as "agenda driven," adding, "He [Krasner] is very naive and obviously he's someone who has zero experience dealing with crime victims and the effects of crime."
Summary offenses are the most minor type of criminal offense in the state, such as loitering or disorderly conduct, and are usually punishable by a fine. Under the Krasner regime, ADAS are told, "You must seek supervisory approval to charge and dispose of retail theft cases at misdemeanor or felony levels."
"Remember, that a summary conviction permits a sentence of 90 days incarceration, fines up to $250, and full restitution," the new policies state. "These penalties are sufficient to hold a retail theft accountable."
Under the new policies, Krasner is telling his ADAs he wants them to divert more cases. Diversion programs, such as community service, restitution, or taking an educational course, are an alternative to normal sentencing that allows the offender to avoid charges and a criminal record.
"All attorneys are directed to approach diversion and re-entry with greater flexibility and an eye toward achieving accountability and justice while avoiding convictions where appropriate," the new policies state.
For example, "an otherwise law-abiding, first DUI (driving under the influence) defendant who has no driver's license (regardless of whether or not that defendant's immigration status interferes with obtaining a license under Pa. law) may apply for individualized consideration for diversion with a requirement of efforts to overcome license impediments where possible as an aspect of any diversionary program."
Also, defendants charged with marijuana delivery or possession with intent to deliver may apply for diversion programs, the new policies state.
When it comes to sentencing, Krasner wants his assistants to "state on the record the benefits and costs of the sentence you are recommending."
"The United States has the highest rate of incarceration in the world," the new policies state. "It has increased 500% over a few decades. Pennsylvania and Philadelphia have been incarcerating at an even higher rate than comparable U.S. states and cities for decades -- a 700 percent increase over the same few decades in Pennsylvania; and Philadelphia in recent years, has been the most incarcerated of the 10 largest cities. Yet Pennsylvania and Philadelphia are not safer as a result, due to wasting resources in corrections rather than investing in other measures that reduce crime."
Accordingly, ADAs under Krasner are actually required to state the costs of incarceration when they're recommending a sentence to a judge in a criminal case.
"At sentencing, ADAs must state on the record their reasoning for requesting a particular sentence, and must state the unique benefits and cotes of the sentence," the new policies state. The document then lists the costs of incarceration, $42,000 a year for one person, which boils down to $3,500 per month or $115 a day. If you add up pensions and other benefits to correctional employees, the total cost for incarcerating one individual in Philadelphia is "close to $60,000 per year," the new policies state.
That's comparable to a year's salary for a beginning teacher, police officer, firefighter, social worker, assistant district attorney or addiction counselor, the new policies state. So if an ADA is recommending that somebody go to jail for three years, the cost to the taxpayer is at least $126,000, the new policies state. If you're going to put somebody away for 25 years, it will cost $1,050,000. If an ADA is going to recommend a sentence such as 25 years, he or she must "explain why they believe that cost is justified."
At a press conference today to announce his new policies, Krasner declared, "A dollar spent in incarceration should be worth it."
In addition, Krasner is asking his ADAS to request shorter periods of probation. The new policies cite chronological studies that show that most violations of probation occur during the first 12 months.
Krasner also instructs his ADAs that a positive drug test for marijuana is no longer a parole violation, as is possession of marijuana "without supervisory approval."
So all you parollees, as far as Larry Krasner is concerned, smoke 'em if you got em.