First-time offenders caught committing small crimes could receive a ticket rather than be prosecuted if ordinance passes.
LAWRENCE — The town council is set to vote on an ordinance that could see first-time offenders caught committing petty offenses — such as shoplifting or drinking in public — receive a ticket rather than be prosecuted as a criminal.
The public nuisance ordinance gives the township’s justice system a less severe and non-criminal option for when “extraordinary circumstances” merit lighter treatment than usual, municipal prosecutor and state Assemblyman Reed Gusciora said last week.
First-time offenders who are otherwise honest, law-abiding people get caught committing petty crimes and end up with a criminal record, marring their prospects of employment and admission to schools, and depriving them of other opportunities for years because there is no other option but to prosecute, Gusciora said.
“There are many instances in this economic climate where people do stupid things they later regret,” Gusciora said.
He cited two incidents where a softer penalty would have been appropriate had such an ordinance existed.
One was the case of a retired woman caught shoplifting a sandwich from a supermarket. She told the courts that her husband left her, she lost her job and her house was foreclosed on.
“Her life was going in a downward spiral,” Gusciora said.
But Gusciora could do nothing but charge her for shoplifting. A charge like that stays on a person’s criminal record for around five years before it could be expunged, he said.
The other was a teen who stole cologne to wear for a prom. He, too, had the incident put on his criminal record, Gusciora said.
Should the ordinance pass when it comes up for a vote Sept. 3, first-time offenders such as those could receive a mere ticket for violating a township ordinance, and they would not get a criminal record.
The ordinance violations would be stored in computer databases, and police and the court would know when they’re dealing with a repeat shoplifter or public drinker and prosecute them accordingly, Gusciora said.
He added that the ordinance would also give police working their beats more flexibility in the field as well, such as the option to slap offenders with an ordinance violation rather than arresting them and having to go through the motions of booking and processing.
Ultimately it could not just save taxpayer money, but let police concentrate on more serious matters, he said.
Specifically, the ordinance language allows punishment for offenders interfering with the comfort or the general well-being of township residents, disturbing the peace, engaging in acts of “vice and immorality” in any public place, or for similar disturbances.
Councilman Michael Powers said the ordinance is broad in scope, giving the prosecutor options when dealing with petty offenses.
Once enacted, the penalty for the first offense would not exceed $2,000 and/or 30 days of community service.
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