Focus
on
Michigan
9/12/97
LIFER LAW "REFORM": Michigan's so-called "lifer law," which mandates life in prison without parole for those convicted of delivering or conspiring to deliver 650 grams or more of a schedule I or II substance, is being reassessed, to some extent. Of the 205 offenders sentenced under the law as of last November, 86% had no prior prison record. Juveniles who are tried as adults under the law are subject to 25 years without possibility of parole, rather than life. Now State Senator William Van Regenmorter (R-Hudsonville) has introduced legislation which outlines a narrow range of conditions under which offenders would be eligible for shorter terms. The proposal would allow first-time offenders who provide information, to the satisfaction of the prosecutor, to apply for parole after 15 years. In doing so, however, it would strip judges of almost any role at all in sentencing. Laura Sager, Director of the Michigan office of Families Against Mandatory Minimums (FAMM), told The Week Online, "This law has been on the books for twenty years, filling up prison cells. There is an opportunity here for change, but the proposed legislation actually would make the situation worse. In return for a very slim chance in front of a parole board fifteen years down the road, it would require people to inform on others, putting their own safety and the safety of their families at great risk. In addition, most of the minor players who are caught up by this law have no information to trade." But there is an alternative, says Sager. "There is a work group that has been convened by the chair of the House Judiciary Committee, and we expect them to have a bill ready to be introduced in the fall which would mandate that the punishment fit the crime and which would put a measure of discretion back into the hands of judges. We expect that such a bill will have bipartisan support, and we are asking Michigan residents to contact their state legislators and urge them to oppose these measures and to wait for the recommendations of the working group." Activists are not the only ones from whom Michigan's "lifer law" has drawn ire. John O'Hair, Wayne County prosecutor, says that the lifer law "did not accomplish its objective. We picked up a number of people who were only peripherally involved, some of them young, unsophisticated, and exploited by older, experienced criminals." Judge Terrance K. Boyle says, "I really think the whole system makes a mistake when it removes discretion... These intensively harsh penalties corrupt the system and force judges to violate their own oath." For more information on the injustice of Michigan's "lifer law" and the current political situation, we suggest reading "A mom clings to hope of parole: Sentiment grows to amend state's drug lifer law" and "Amendment to drug lifer law would add conditions for shorter terms," 9/10/97, available at http://www.detnews.com/1997/metro/9709/10/09100050.htm and http://www.detnews.com/1997/metro/9709/10/09100051.htm on the Detroit News web site. For more information on mandatory minimum sentences and efforts to reform them, visit the FAMM web site at http://www.famm.org. FEDERAL FUNDS FOR DETROIT: At a press conference attended by Drug Czar Barry McCaffrey, Representative John Conyers announced this week that the city of Detroit has been named a High Intensity Drug Trafficking Area. The designation will mean $1 million in federal funds for the area. The funds are designated by law to be used for "law enforcement coordination." Denyse Jones, an AIDS education professional in Detroit, says of the federal help, "Let's put that in perspective. If the money goes into traditional Drug War strategies, it will pay for 10-year mandatory minimum sentences for three people. But, if it were to go into some form of harm reduction strategy, such as needle exchange, it could be used to distribute millions of sterile syringes to Detroit's IV drug users, preventing perhaps thousands of new cases of the AIDS virus, and saving millions of dollars in health care costs. Now you tell me, which strategy would be of more benefit to the citizens of Detroit?" Rep. Conyers is an outspoken opponent of mandatory minimum sentencing, so hopefully they won't go that route. But it is hard to see how funds designated for "law enforcement coordination" could be used for the social programs and rehabilitation that Conyers advocates. "NO EXCUSE" This week, Michigan Governor John Engler announced the launching of a state-wide "Partnership for a Drug-Free Michigan." According to Engler, "The Goal of the Drug-Free Michigan initiative is to help change attitudes towards drugs. Through this comprehensive media campaign and other strategies, we can do much more to prevent drug abuse among teens and children." He added, "Our message to these children must be blunt: 'No use - No excuse.'" Partners in the effort include Partnership for a Drug-Free America, Michigan Cable Telecommunications Association, Michigan Press Association, the Detroit Red Wings and various law-enforcement agencies.
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