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Mandatory Minimums

marijuana-plants_0_4.jpg
marijuana-plants_0_4.jpg

Half of Canadians Say Legalize Marijuana

Half of all Canadians continue to want to free the weed, but strangely enough, almost two-thirds favor mandatory minimums for growing as few as five pot plants. That last finding may be an artifact, though.

Mandatory Minimums for Drug Crimes Are a Giant Step Backward for Canada (Opinion)

Erika Sasson, a former federal prosecutor in Toronto, opines that when Prime Minister Stephen Harper prorogued Parliament last December, at least one good thing happened: Bill C-15 was temporarily put to rest. That bill sought to introduce mandatory minimum prison sentences for drug offenses, in order to tackle “organized crime and serious drug offenses.” Now in its newest iteration as Bill S-10, the draft legislation has already survived a second reading and has a very good chance of becoming law.
Massachusetts State House
Massachusetts State House

Massachusetts Approves Some Drug Sentencing Reforms

The Massachusetts legislature passed, and the governor signed, legislation to reform some mandatory minimum sentences. But the final version omitted some important provisions originally endorsed by the Senate.

Press Release: NJ Senate Comm. to Vote on Reforming Mandatory Minimum Drug Laws

FOR IMMEDIATE RELEASE: November 18, 2009 CONTACT: Tony Newman at 646-335-5384 or Roseanne Scotti at 609-610-8243 NJ Senate Judiciary Committee to Vote Monday on Groundbreaking Sentencing Bill that Would Give Judges the Discretion to Waive Mandatory Minimum Sentences for Some Nonviolent Drug Offenses Advocates Commend Legislation as Common-Sense and Reasonable Reform that Would Increase Fair and Effective Sentencing and Save Taxpayer Money On Monday, November 23, the Senate Judiciary Committee will consider Senate Bill 1866, which would give judges the discretion to waive mandatory minimum sentences for some nonviolent drug offenses. The Assembly passed the companion legislation, A2762, last year and Gov. Jon Corzine has said he will sign the bill when it gets to his desk. This critically important legislation would be a groundbreaking first step in reforming New Jersey’s draconian sentencing laws for nonviolent drug offenses. Roseanne Scotti, director of Drug Policy Alliance New Jersey, applauded the committee’s willingness to consider the bill and urged passage. “Twenty years ago, New Jersey began implementing harsh mandatory minimum sentences for nonviolent drug offenses. These laws have been a spectacular failure. They have done nothing to decrease drug activity and have filled New Jersey’s prisons with nonviolent drug offenders at great cost to New Jersey taxpayers,” said Scotti. It costs New Jersey taxpayers more than $46,000 a year to incarcerate an individual and New Jersey spends about $331 million a year just to incarcerate nonviolent drug offenders. Allowing judges some discretion would guarantee that justice is done and that taxpayer dollars are not wasted. At a time when New Jersey is facing serious budget deficits and cutting spending on education, health and other critical programs, advocates say New Jersey needs to take a hard look at policies that have mandated the warehousing of large numbers of nonviolent drug offenders at enormous cost to taxpayers. S1866/A2762 is supported by a broad coalition of organizations including Volunteers of American Delaware Valley, Corporation for Supportive Housing, New Jersey Association on Correction, New Jersey Institute for Social Justice, Coalition of Community Corrections Providers of New Jersey, Women Who Never Give Up, Families Against Mandatory Minimums, Hispanic Directors Association and Latino Leadership Alliance. Recently, both the Newark and Camden City Councils passed resolutions supporting S1866. When New Jersey adopted the Comprehensive Drug Reform Act in 1986, the state ushered in a radical era of harsh mandatory minimum sentences for nonviolent drug offenses. This led to unprecedented levels of incarceration and massive taxpayer expenditures. These unfair and ineffective laws have also had an egregiously disproportionate impact on communities of color. • In 1987, only 11 percent of the New Jersey prison population was incarcerated for drug offenses. Today, 29 percent of the prison population is incarcerated for nonviolent drug offenses. • Twenty years ago, only 11 percent of individuals in prison were serving mandatory minimum sentences—today 69 percent are serving mandatory terms. • In the last twenty years, New Jersey’s Corrections budget has risen from $289 million to $1.3 billion. • New Jersey spends $331 million a year to incarcerate individuals for nonviolent drug offenses. • The budget for corrections has grown by a factor of 13 while the overall budget grew only by a factor of six. • In the 1980s and 1990s, the Corrections budget grew at three times the rate of the budget for education. • Although African Americans and Latinos account for just 27 percent of the population of New Jersey, they represent 81 percent of the prison population. # # #

Sentencing Project Recommendations to U.S. Sentencing Commission

Dear Friend, Today the United States Sentencing Commission will be meeting in Washington, D.C. to establish its priorities for the 2009-2010 program year. In preparation for this meeting, the Commission has invited interested parties to recommend areas of focus on federal sentencing policy. On August 5, The Sentencing Project submitted a letter to the Commission highlighting four areas of attention. Our recommended issue areas are the following: 1. Prepare a Report for Congress on the Impact of Federal Mandatory Minimum Sentences - The last substantial report produced on mandatory sentencing is now nearly 20 years old. We recommend a fresh examination of these issues, including the impact of mandatory sentencing on public safety and racial disparity, and the utility of the federal "safety valve" sentencing provision. 2. Continue Recent Activity in the Area of Cocaine Sentencing Policy - The Commission should continue to play an active role in Congressional deliberations regarding changes in the penalty structure for crack and powder cocaine sentencing. 3. Prepare a Report for Congress on Alternatives to Incarceration - Building on evidence that alternatives are underutilized in the federal system, particularly for drug offenses, the Commission should examine options for expansion of alternatives and guidelines restrictions that need to be reconsidered. 4. Examine the Impact of Time Served in Prison on Crime, Costs, and Disparity - Between 1993 and 2006 time served in prison for federal offenses increased by 44%. The Commission should examine these changes to assess their value and cost regarding public safety outcomes. We hope you find these recommendations useful in your work, and we will keep you posted regarding the priorities established by the U.S. Sentencing Commission. -The Sentencing Project