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[Courtesy of The Sentencing Project] Dear Friends: The Subcommittee on Crime and Drugs of the Senate Committee on the Judiciary will hold a hearing on "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity" on Tuesday, February 12 at 2:00 p.m. in Room 226 of the Senate Dirksen Office Building. "The Sentencing Project applauds the Committee for addressing this longstanding disparity," stated Marc Mauer, Executive Director of The Sentencing Project. "Reforming crack cocaine policy will help to remedy the unfairness and ineffectiveness of federal drug policy." Witnesses at the hearing will be: - U.S. Department of Justice designee - The Honorable Ricardo H. Hinojosa, Chair, U.S. Sentencing Commission, Washington, DC - Dr. Nora Volkow, Director, National Institute on Drug Abuse, U.S. Department of Health & Human Services, Washington, DC - The Honorable Reggie B. Walton, Criminal Law Committee, Federal Judicial Conference, Washington, DC - James Felman, Co-Chair, Sentencing Committee, Criminal Justice Section, American Bar Association In addition, Marc Mauer, has been invited by the Committee to submit written testimony, focusing on the public safety consequences of crack reform and impact on racial disparity. Committee Chairman Sen. Joseph Biden (D-DE), has taken a lead in reforming the crack cocaine disparity by introducing the Drug Sentencing Reform and Kingpin Trafficking Act of 2007 (S. 1711), which would eliminate the 100 to 1 quantity-based sentencing disparity between crack and powder cocaine. The legislation would also focus federal law enforcement efforts on serious drug traffickers instead of the low-level offenders who are currently the target of most federal crack prosecutions. This hearing follows the U.S. Supreme Court's affirmation of judicial discretion to sentence below the guideline range based on the unfairness of the crack cocaine sentencing disparity, and the United States Sentencing Commission's vote to make retroactive its recent guideline amendment on crack cocaine offenses.

Kentucky: House Committee Approves Restoration Bill By a 7-1 vote, a House committee approved a bill that would restore voting rights to former offenders who have completed their sentence. The measure, however, has yet to attract wide support in the Republican-held Senate, according to the Lexington Herald-Leader. If it passes both the House and the Senate, the bill would still require ratification by voters. National: Disenfranchisement's Effects, Roots In a personal account of disenfranchisement and the confusion and assumptions the public makes about who's eligible to vote, writer Amy Goodman explains how disenfranchisement affects the political system in the Arizona Daily Star. Goodman recounts a conversation with a friend who says he cannot vote due to a felony record and how she later reported back to him that he was misinformed and can, in fact, vote in his state. "We are constantly pushing for legislative change around the country. But public education is absolutely key," Ryan King, The Sentencing Project's policy analyst, was quoted as saying. "There are so many different laws that people simply don't know when their right to vote has been restored. That includes the personnel who work in state governments giving out the wrong information." Giving a historical overview of disenfranchisement's antebellum roots, Claremont Portside Magazine published an op-ed in support of re-enfranchisement. According to the article, in 1861, 19 of 34 states barred those with felonies from voting. "Then came the Civil War and the 14th and 15th Amendments. The latter outlawed disenfranchisement based of 'race, color, or creed,' but the former recognized a state's ability to withdraw that right for "participation in a rebellion, or other crimes," the article states. Noting that disenfranchisement silences poor and minority voters, the op-ed suggests that the nation incorporate ex-offenders in the process of self-government. Alabama: Struggle Part of State's History The Rev. Kenneth Glasgow, Executive Director of The Ordinary People's Society (TOPS) wrote an op-ed for the Birmingham News on his efforts last month to register jail inmates in Alabama. He mentions that most of the inmates he came into contact with were not aware of their voter eligibility and in the article Glasgow connected the need to be politically active to Dr. Martin Luther King's dream for equality and justice. "After visiting jails and prisons throughout the state and registering thousands of voters, I can tell you these people are not being notified of their voting rights, nor is there a system in place that allows them to exercise those rights," said Rev. Glasgow. "The struggle for equality under the law - especially for voting rights - is a part of our state's history." For additional coverage, see the Drug Policy Alliance Web Site. California: Voting Behind Bars - Jail Inmates Eligible While Awaiting Trial An Associated Press article describes the public's misperception of voting in jail while awaiting trial. According to the article published in the San Jose Mercury News, San Francisco jail inmate "Derek Jackson interrupted a shower to accept the sealed ballot a lawyer pushed through the bars of the jail cell he shares with 11 other men, hoping to make a difference in the society with which he has often been at odds." Outreach efforts like those of Prisoner Legal Services educate jail inmates and formerly incarcerated individuals so they don't mistakenly assume their records bar them for life. Furthermore, its lawyers regularly hand out absentee ballots and registration applications to those awaiting trial. Though other jurisdictions across the country have said otherwise, San Francisco Sheriff Mike Hennessey believes he is responsible for ensuring that inmates understand their rights and have access to register and voting. "We who run jails are enforcement officers, and one of the roles of government is to make voting accessible to those who are eligible, so it is merely a law enforcement role as far as I'm concerned," he said. - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- e-mail: [email protected], web: http://www.sentencingproject.org.

Calif. Patients, Lawmakers Push for Worker Protections, Court Says Medical Marijuana Law No Protection for Patient Employment California legislators are working with Americans for Safe Access to clarify employment protections for patients under the state's medical marijuana law. The new legislation -- sponsored by ASA and offered by Assemblyman Mark Leno -- would guarantee medical marijuana patients the same employment protections as those enjoyed by people who use other prescribed medications. The action comes in response to a 5-2 ruling by the California Supreme Court that said employers can fire those who fail drug tests for marijuana even if the employee is qualified to use the drug under state law. The case, Ross v. RagingWire, had been argued by ASA Chief Counsel Joe Elford, who said that the Compassionate Use Act (Prop. 215) and the Medical Marijuana Program Act (SB420) should prevent employment discrimination against medical marijuana patients. Assemblyman Leno and all the other legislative authors of the Medical Marijuana Program Act filed a brief with the court to that effect, saying their intent was to guarantee civil protections for Californians who use medical cannabis, and that the Fair Employ-ment and Housing Act "generally requires ac-commodation of medical cannabis use by disabled persons with medical conditions." The Court thought otherwise, ruling the state legislature had not adequately clarified employment rights of medical marijuana patients, despite the amicus brief. In the dissenting opinion, Justice Joyce Kennard said the Court"has seriously compromised the Compassionate Use Act, denying to those who must work for a living its promised benefits." Within hours of the ruling, Assemblyman Leno announced his intentions to introduce legislation that would restore those protections, which he had been working on with ASA in the weeks preceding the decision. "Today's California Supreme Court ruling strikes a serious blow to patients' rights," Leno said in a statement released that day. "In the coming weeks I will introduce legislation that secures a medical cannabis patient's right to use their doctor recommended medication outside the workplace. Through the passage of Proposition 215 in 1996 and SB 420 in 2004, the people of California did not intend that patients be unemployed in order to use medical marijuana." The case stems from the 2001 firing of Gary Ross, a 45-year-old systems engineer whose doctor recommended cannabis to treat a back injury suffered during his military service. Despite that, Ross was terminated by RagingWire Telecommunications for testing positive for marijuana. The company said it would not make an exception for medical use, even if it was away from the workplace "All I am asking is to be a productive member of society," said Ross. "I was not fired for poor work performance, but for an antiquated policy on medical marijuana." Ross filed suit after he was fired, arguing that RagingWire illegally discriminated against him because of his condition. After both superior and appellate courts ruled against Ross, ASA appealed to the California Supreme Court on his behalf. ASA has received hundreds of such reports from across California since it began recording instances of employment discrimination in 2005. Companies that have either fired patients, threatened them with firing, or denied them employment include Costco Wholesale, UPS, Foster Farms Dairy, DirecTV, the San Joaquin Courier, Power Auto Group, as well as several construction companies, hospitals, and various trade union employers. Further information, see ASA’s website at: www.AmericansForSafeaccess.org/Ross.

Leap on the Hill From Master to Howard (the grasshopper): A staffer sat next to me at a large table in the Senate restaurant and somehow we engaged in conversation. The conversation turned to the budget deficit swelling in 2009 (as proposed by Bush to rise to about 400 billion). That number in light of the push in Congress by the police lobby for an emergency appropriation of 1/3 of a billion to arrest local drug dealers (Byrne Grant). The wise staffer helped me to understand the Congress saying, “The longer you stay here, the less sense it makes.” Ah soooo.* Now I understand???? Hope was crushed by politics: The ‘other’ paper in DC this week, the Washington Times published a report that Senator Obama was ready to change simple marijuana possession a non-criminal act (civil infraction), i.e. no jail time possible. As some in reform were about to get excited, his campaign said his 2004 statement in no longer his position. Shucks.** Nonetheless, I have prepared a short memo on the topic. Acting on advice from an experienced colleague in marijuana prohibition, I will wait a month and then drop it off to Obama’s aid that I met last fall. I do my best work at night: A good friend and lobbyist in Trenton, New Jersey threw a party this week in DC and invited Karen and me. At one of the nicest steak houses in town I broke bread with several state senators and a House Delegate (who was a just-retired police officer). Bob had me meet a man who after learning of LEAP, hustled*** me over to his friend, the Chief of Staff of one of the most powerful men in NJ House. Three minutes later he said I must spend some time with his VIP boss, to describe LEAP, its mission and its resources. Karen spoke at length about LEAP to the retired cop turned politician. Besides the fabulous food and drink, much was accomplished. Though it was a ‘school night’ (Thursday), Karen was a valuable ally for LEAP. BTW, she was NOT wearing her now famous t-shirt, rather business clothes befitting a CPA. LOL

[Courtesy of LEAP's Howard Wooldridge] LEAP on the Hill Stories from the week of January 25, 2008 It’s not what you know: Howard walking down the hall in the Cannon House Building…’Afternoon Congresswoman Schmidt. How are things in Ohio?’ She replied, ‘Things are great, thanks.’ And the two ships passed in the night. Not that I recognize every MOC (Member of Congress) by a long shot, however, it is a project. Asking for some help: When you read an article in 2008 which touches upon your legislature, city or county needing to make tough decisions about what programs to cut or they are increasing taxes to pay for current polices, please send me a copy of it. This can take the form of a URL on the paper’s webpage, US mail or fax. The fed politicians are sensitive to what is happening in their districts. I will put the article in their hands. Thanks. Git r dun:* This week I was able to drop off nine letters you wrote to your MOCs. Thank you. Asking for the aide I had already met, I was able to have three good, follow-up conversations. This is exactly what I was hoping for…a 3-5 minute conversation with staffers. I asked for this at a bad time last year…between Thanksgiving & Christmas. If you have a minute, please email a copy of what I wrote below (feel free to add or subtract, as long the message does not go over one page), inserting the correct MOC’s name and I will print if off and hand deliver.. Thanks. Use ‘Script’ or ‘Script MT Bold’ on your signature and just email it. Several already have and it looks fine. Your name Address Email address Phone number Dear Senator XXX, I am a member of LEAP (Law Enforcement Against Prohibition) and believe that our War on Drugs has been a disaster for both the country and its citizens. Recently, one of your aides met Howard Wooldridge, a retired police detective who represents LEAP on Capitol Hill. In the century of 9/11 and limited resources it is irresponsible to waste precious police resources on people who would be best served by the medical community. After 37 years of effort and the police spending a trillion tax dollars, the situation is worse! Drugs are cheaper, stronger and much easier to buy. Moreover, drug prohibition has been the most dysfunctional, immoral policy since slavery. I hope we can agree that it past time to become SMART on drugs. I also hope you could meet for a few minutes with Howard Wooldridge who can articulate my position. Sincerely, Your name here Howard can be reached at: [email protected]

Senate hearing on crack cocaine on Feb. 12 The U.S. Senate Judiciary Committee, Subcommittee on Crime and Drugs scheduled a hearing for February 12 on federal cocaine sentencing laws titled “Reforming the 100-to-1 Crack/Powder Disparity". For over 21 years, the inequity between crack and powder cocaine sentences has been the subject of great debate. Now the Senate will take a first step toward addressing this inequity. Three bills have been introduced in the Senate and will likely be the subject of debate at the hearing. The hearing is open to the public. It will be held Tuesday, February 12 at 2:00 pm in Room 226 of the Senate Dirksen Office Building. To read more about all of the sentencing bills FAMM is tracking, click here. National call-in day to Congress, Feb. 25 Eliminate the crack and powder cocaine disparity! Join thousands of advocates across the country in calling on Congress to eliminate the federal crack/powder cocaine sentencing disparity on February 25. FAMM will send an ealert to the members on February 25 containing a link to talking points and contact information on your lawmakers. Look for an email on February 25 and check the FAMM website for updates. Also, ask your family and friends to join FAMM's email list so they can participate in the call-in day. Click here to tell a friend about FAMM.

[Courtesy of New York Campaign for Telephone Justice] 1) REPORTBACK on Walton v. NYSDOCS discussion from meeting 2) GTL: New contact info for Spanish-speaking customer service supervisor 3) MEETINGS: Scheduled changes in NYCTJ meetings 4) GET INVOLVED: Upcoming Advocacy Days in Albany to Repeal the Rockefeller Drug Laws and Speak out for Women Prisoners ********************* 1. REPORTBACK on Walton v. NYSDOCS discussion from meeting Rachel Meeropol, CCR Staff Attorney on Walton v. NYSDOCS reported on the recent dismissal of the cases constitutional claims by Judge Ceresia of the NY State Supreme Court. She mentioned that she will be appealing Judge Ceresia’s decision to the Appellate Division in the next month and will likely make oral arguments before the Appellate Division in the early summer, and will hear a decision from them by the end of the summer. If the Appellate Division overturns Judge Ceresia’s decision, Walton v. NYSDOCS will proceed to discovery and trial. If the Appellate Division affirms Judge Ceresia’s decision, Ms. Meeropol will appeal to the NY State Court of Appeals – the state’s highest court – and, if this is the case, we will not receive a final decision until this time next year. All of this said, we spent some time at our meeting discussing how family members can help to increase the likelihood of the case succeeding. The last time Ms. Meeropol argued before the Court of Appeals (last January), the Justices immediately asked her, “how does Gov. Spitzer’s decision to eliminate the contract’s commission and reduce the rates affect this case?” She told them that it does not impact the case, because, while Gov. Spitzer’s decision to eliminate the kickback and reduce the rates (and the later passage of the Family Connections bill) has a positive impact on families moving forward, it does not provide relief for the prior unlawful taxing of prison families from the contract. During the meeting, then, we agreed that we need to mobilize families over the next year to continue pressing the issue that justice has not completely been served in regards to the NY prison telephone system. Families and advocates still need their money back! Some ideas we discussed are rallying outside the courthouse at upcoming arguments in Walton v. NYSDOCS, packing the courtroom at upcoming arguments in Walton v. NYSDOCS, conducting a surveying and publishing a report on how much money NY State stole from prison families over the years, and writing OP-EDs to our local newspapers. Please stay tuned for upcoming opportunities to engage in all of these activities. We need to make as much noise over the next year as possible if we want to win this potential class action lawsuit! 2. GTL: New contact info for Spanish-speaking customer service supervisor For those who have family members or are advocates for family members who speak Spanish, please take note that Denisce DeLeon is the Spanish language customer service representative at Global Tel*Link. She can be reached at [email protected]. I have not yet received her direct phone line, but please feel free to contact her via email for her phone number so that you may share it with Spanish-speaking families who have grave customer service problems with Global Tel*Link. 3. MEETINGS: Scheduled changes in NYCTJ meetings At our meeting last week, we discussed whether or not monthly meetings are still useful for families, advocates and allies. It seems that, since we have won much of our demands, monthly meetings are not as necessary as they once were; however, people expressed interest in continuing meetings when there are significant developments in the prison telephone system and the remaining lawsuit. As such, we decided that our NEXT meeting will be at the end of March 2008, so that we can discuss the NEW prison telephone contract which will go into effect April 1, 2008. While we do not have any information yet about what changes will result from the new contract, the new contract will have to comply with the Family Connections bill, passed last summer, and we hope it will include many of families’ demands that we brought before the Department of Correctional Services last year.

Florida: "I VOTED" Lisa Burford cast her vote in Florida's primary election this week - the first time the Palm Beach County resident has been able to do so in almost 20 years, the Palm Beach Post reported. The mother of four was one of the many who pleaded her case to Gov. Charlie Crist last year on behalf of formerly incarcerated individuals, like herself, hoping to regain their civil rights. When Burford was 24, she spent 30 days in jail after being convicted of pilfering money from a bank where she worked. As a result of the state Clemency Board restoring civil rights for individuals having committed nonviolent offenses, Burford was able to vote. With pride, she sent a short email to the governor that simply read: "I VOTED." - - - - - - Help The Sentencing Project continue to bring you news and updates on disenfranchisement! Make a contribution today. Contact Information -- Email: [email protected], Web: http://www.sentencingproject.org

In the latest blow to medical marijuana rights, the California Supreme Court ruled Thursday that employers can fire workers who test positive for the drug, even when it is used under a physician's advice. "Nothing in the text or history of the Compassionate Use Act suggests the voters intended the measure to address the respective rights and duties of employers and employees," wrote Justice Kathryn Mickle Werdegar in the 15-page opinion. "Under California law, an employer may require pre-employment drug tests and take illegal drug use into consideration in making employment decisions...The Compassionate Use Act does not eliminate marijuana's potential for abuse or the employer's legitimate interest in whether an employee uses the drug." The decision is on line here: http://drugsense.org/url/NDVd3p20lJ "The majority's holding disrespects the will of California's voters, "wrote Justice Joyce L. Kennard, whose dissent was joined by Justice Carlos R. Moreno, calling the decision "conspicuously lacking in compassion." The voters "surely never intended that persons who availed themselves" of the medical marijuana act "would thereby disqualify themselves from employment," Kennard wrote. Thus five of the seven justices - who will never face a drug test - showed their contempt for the people of California. Daily newspapers throughout California, as well as major national newspapers, covered the story. Please write letters to the editor to your local newspapers giving your views about the decision. A sample of the coverage may be found at this link: http://www.mapinc.org/topic/RagingWire ********************************************************************** Style guides for writing effective letters to the editor are available at MAP's Media Activism Center: http://www.mapinc.org/resource/#guides ********************************************************************** Please Send Us a Copy of Your Letter Please send copies of your letters to the sent letter list ([email protected]) if you are subscribed, or email a copy to [email protected] if you are not subscribed.