Sentencing
Feature: Obama Seeks Increase in Drug War Spending in a Drug Budget on Autopilot
Congress: Bill to Do Top-to-Bottom Review of Criminal Justice System, Drug War Passes Senate Judiciary Committee
The Senate Judiciary Committee Thursday approved Sen. Jim Webb's (D-VA) National Criminal Justice Commission Act of 2009 on a unanimous voice vote Thursday.
Sentencing: California Appeals Court Upholds Ban on Probationer's Medical Marijuana Use
A California appeals court has ruled that a judge who forbade a defendant from using medical marijuana as a condition of probation acted within his powers.
Sentencing: New Jersey Legislature Rolls Back Mandatory Minimums, Governor Will Sign Bill Into Law
With a 46-30 vote Thursday, the New Jersey Assembly gave final approval to a bill that will end mandatory minimum sentences for some "drug free zone" drug offenses.
Canada: Mandatory Minimum Bill for Marijuana Growing Dies Sudden Death When Prime Minister Shuts Down Parliament
Canada: Mandatory Minimum Bill for Pot Growing Dies Sudden Death When Prime Minister Shuts Down Parliament
Posted in Chronicle Blog by Phillip Smith on Thu, 12/31/2009 - 3:10amIn a political maneuver designed to shield his embattled Conservative government from criticism during the upcoming Winter Olympics in Vancouver, Canadian Prime Minister Stephen Harper Wednesday "prorogued," or shut down, parliament until a new session begins in March. The move kills all pending legislation, including a Tory "tough on crime" bill, C-15, that included mandatory minimum nine-month prison sentences for growing as much as a single marijuana plant.
Prorouging parliament is not a routine move, but this is the second time Harper has done it in a year. Last December, he did it to head off a looming vote of no-confidence, with a coalition of New Democrats, Liberals, and Bloc Quebecois looking to replace his Conservative government. Now, he says he is doing it to introduce a new budget, but the maneuver also kills all parliamentary committees, including one looking into allegations Canadian soldiers in Afghanistan turned detainees over to Afghan authorities who abused them. That inquiry has raised embarrassing questions about Canada's policies in Afghanistan.
To the relief of drug reform advocates and Canada's cannabis culture, the move kills a bill that was very harsh and very near to passage. Under the provisions of C-15 as passed by the House, people growing between one and 200 marijuana plants faced a minimum of six months if the "offense is committed for the purpose of trafficking." That would rise to nine months if it were a rental property, if children were endangered, or if the grow presented a public safety threat, i.e. was stealing electricity.
The bill mandated a one-year minimum for between 201 and 500 plants or for producing hashish and two years for more than 500 plants. It also had one-year minimums for importing or exporting marijuana and for trafficking more than three kilograms if it was for the benefit of "organized crime," there was threat or use of violence or weapons, or if the offender had a serious previous drug offense. The trafficking minimum jumped to two years if it occurred in a prison, if the trafficking was to a minor, or if it was "in or near a school, in or near an area normally frequented by youth or in the presence of youth."
The bill had been amended earlier this month by the Senate Constitutional Affairs and Legal Committee to remove the mandatory minimum provisions for under 201 plants, but only if the grows were not in residential areas and owned by the grower. That meant anyone growing in a residential neighborhood or in a rental property still faced a nine-month minimum, limiting relief to rural home-owners.
The bill awaited only a final vote in the Senate. Now, Harper has sacrificed it on the altar of his political calculations.
But like a vampire, C-15 is likely to rise from the grave. It has been a central plank in Harper's appeals to his law-and-order constituencies, and his government is almost certain to reintroduce it when the new session begins in March, or after he calls snap elections, which the Conservatives seem well-positioned to win as their main rivals, the Liberals, flounder.
Don't put away those wooden stakes just yet.
There's still time, but please act now
Posted in In the Trenches by David Guard on Tue, 12/29/2009 - 9:47pm
December 29, 2009
Dear friends:
You can help The Sentencing Project work to make criminal justice reform a reality in 2010.
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Please make a gift to The Sentencing Project today to help us work for eliminating the disparity in sentences for crack vs. powder cocaine offenses, ending juvenile life without parole, reducing racial disparities, and promoting effective re-entry programs, voting rights for people with felony convictions, and alternatives to incarceration.
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The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.
The Year on Drugs 2009: The Top Ten US Domestic Drug Policy Stories
As 2009 prepares to become history, we look back at the past year's domestic drug policy developments.
Europe: Czech Government Announces Decriminalization Quantities -- Law Goes Into Effect New Year's Day
The Czech cabinet Monday approved a Justice Ministry proposal that sets person
The Caribbean: Jamaica Lawmakers Calls for Ganja Decriminalization
A highly placed Jamaican lawmaker called over the weekend for the decriminalization of marijuana possession.
The Year on Drugs 2009: International Drug Policy Developments
(Please read our top ten US domestic drug policy stories review too!)
Europe: Czech Government Announces Decriminalization Quantities; Law Goes Into Effect on New Year’s Day
Posted in Chronicle Blog by Phillip Smith on Tue, 12/15/2009 - 2:59pmThe Czech cabinet Monday approved a Justice Ministry proposal that sets personal use quantity limits for illicit drugs under a penal code revision that decriminalizes drug possession in the Czech Republic. The law and its quantity limits will take effect on January 1.
The Czech government had approved the decriminalization law late last year, but failed to set precise quantities covered by it, instead leaving it to police and prosecutors to determine what constituted a “larger than small” amount of drugs. The resulting confusion--and the prosecution of some small-scale marijuana growers as drug traffickers--led the government to adopt more precise criteria.
Under the new law, possession of less than the following amounts of illicit drugs will not be a criminal offense:
Marijuana 15 grams (or five plants)
Hashish 5 grams
Magic mushrooms 40 pieces
Peyote 5 plants
LSD 5 tablets
Ecstasy 4 tablets
Amphetamine 2 grams
Methamphetamine 2 grams
Heroin 1.5 grams
Coca 5 plants
Cocaine 1 gram
Possession of “larger than a small amount” of marijuana can result in a jail sentence of up to one year. For other illicit drugs, the sentence is two years. Trafficking offenses carry stiffer sentences.
Justice Minister Daniela Kovarova said that the ministry had originally proposed decriminalizing the possession of up to two grams of hard drugs, but decided that limits being imposed by courts this year were appropriate. "The government finally decided that it would stick to the current court practice and drafted a table based on these limits," Kovarova said.
The Czech Republic now joins Portugal as a European country that has decriminalized drug possession.
At the Statehouse: Sentencing, Drug Testing, Good Samaritan, Hemp, and SWAT Bills
As 2009 winds up, we present the last installment in our series of articles on drug reform in state legislatures.
Feature: With Passage of Medical Marijuana Bill Pending, New Jersey Patient Faces 20 Years for Growing His Medicine
Update: Wilson was convicted of some charges Thursday, but not the most seriou
Alert: Tell Congress to Repeal Unjust Crack Cocaine Sentences
One of the most glaring injustices in US drug policy is the infamous crack/powder sentencing disparity, in which possession of a mere five grams of crack cocaine draws a five-year mandatory minimum
Press Release: Tues. -- NY Assembly Hearing on Rockefeller Drug Reform Implementation
Posted in In the Trenches by David Guard on Mon, 12/07/2009 - 6:46pmFOR IMMEDIATE RELEASE: December 7, 2009
CONTACT: Tony Newman at (646) 335-5384 or Anthony Papa at (646) 420-7290
NY State Assembly Hearing on Tuesday to Map Out Next Steps in Implementation of Historic Rockefeller Drug Law Reform
Courts, Treatment Providers and Community-Based Programs to Brief Lawmakers on Expanded Access to Drug Treatment and Alternatives to Incarceration for Most Drug Offenses
The New York State Assembly on Tuesday will hold a key hearing to press forward with implementation of the Rockefeller Drug Law Reform of 2009, soliciting feedback from courts, treatment providers and community-based programs on their readiness and resource needs to carry out the groundbreaking new law.
The reform, which took effect on Oct. 7, eliminated mandatory minimum sentences for most drug offenses, restored discretion to judges to sentence individuals to probation, drug treatment or other alternatives to incarceration, and allows approximately 1,000 people convicted under the old Rockefeller Drug Laws to apply for re-sentencing.
“As someone who spent 12 years behind bars on Rockefeller charges and another 12 fighting the inhumane laws, I am thrilled that the law has been changed,” said Anthony Papa, author of 15 Years to Life. “But Rockefeller reform will only be real when those who are behind bars are allowed to come home and those who need help get treatment instead of a jail cell.”
At Tuesday’s hearing, lawmakers will explore a wide range of issues related to the Rockefeller reform, including: What steps has the court system taken to prepare for and implement the new judicial diversion program, and to ensure that persons who are resentenced have access to community-based reentry programs? Are there sufficient community-based treatment programs available to serve individuals sentenced to treatment or probation, or those released from prison? What are the barriers faced by formerly incarcerated individuals with a history of substance abuse in obtaining public benefits, medical assistance, employment and affordable and stable housing?
These reforms will allow people to reclaim their dignity as we shift from a punitive criminal justice model to a much needed holistic public health framework," said Shreya Mandal, Mitigation Specialist for the Legal Aid Society. "Now it is time to see this reform through by empowering formerly incarcerated individuals with comprehensive re-entry planning. Reform also calls for revamping outdated modes of drug treatment, both in and out of prison, and for making progressive changes in how we respond to addiction.”
Under more limited reforms to the Rockefeller laws signed by Gov. George Pataki in 2004 and 2005 – which authorized resentencing and eliminated life sentences for individuals convicted of certain drug felonies – 584 individuals were released from prison, and just 9 percent of these people returned to jail, far lower than the state’s 39 percent overall recidivism rate. These results counter claims made by district attorneys and law enforcement officials that sentencing reform leads to disaster.
“Opponents of reform try to scare the public with claims that the ‘sky is falling’ every time individuals with substance abuse problems are sent to treatment instead of prison,” said Glenn Martin, Vice President of Development and Public Affairs for The Fortune Society. “But by working collaboratively among treatment providers and Alternatives to Incarceration programs, stakeholders can ensure the success of New York’s movement toward a public health and safety approach to drug use.”
Enacted in 1973, the Rockefeller Drug Laws were intended to target drug kingpins, but instead the laws led to the incarceration of thousands of individuals, mostly people of color, for low-level, nonviolent offenses, many with no prior criminal records. Approximately 12,000 people remain locked up for drug offenses in New York State prisons, at a cost of roughly $45,000 per year to incarcerate a single person, compared to an average cost of $15,000 per year for drug treatment, which is proven to be 15 times more effective at reducing crime and recidivism.
The Drug Policy Alliance is the nation's leading organization working to end the war on drugs and promote new drug policies based on science, compassion, health and human rights. For more information, please visit: www.drugpolicy.org.
What: NY State Assembly Hearing on Rockefeller Drug Law Reform
When: 10:30 A.M.
Tuesday, December 8th, 2009
Where: Assembly Hearing Room
250 Broadway, Room 1923, 19th Floor
New York, NY
Alert: Tell Congress to Repeal Unjust Crack Cocaine Sentences
One of the most glaring injustices in US drug policy is the infamous crack/powder sentencing disparity, in which possession of a mere five grams of crack cocaine draws a five-year mandatory minimum
Middle East: Hamas Adopts Tough New Drug Laws, Includes Death Penalty for Dealers
The Hamas government running the Gaza Strip has adopted a law that allows for the death pena
Our Momentum Continues: Read The Sentencing Times
Posted in In the Trenches by David Guard on Thu, 12/03/2009 - 12:54pm
also in sentencing times:
· New Race and Justice Clearinghouse Launched
· Life Sentences Examined in New Report
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The Sentencing Project
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Fall 2009
The fall edition of
sentencing Times is here
The Sentencing Project is proud to share its achievements in research, advocacy, and policy reform. Please take a look inside our Fall newsletter or open the Sentencing Times for a complete version.
policy
Crack equalization bill passes in
House Judiciary
The prospects for significant reform to the federal crack cocaine sentencing policies improved dramatically over the summer, when a bill that would equalize the penalties for powder and crack cocaine offenses passed out of the House Judiciary Committee. The reform bill, HR 3245, was introduced by Congressman Bobby Scott, Chairman of the
Subcommittee on Crime, Terrorism, and Homeland Security.
Senate Judiciary Subcommittee Chairman Dick Durbin of Illinois also introduced a bill in the Senate in October.
Legal
Supreme court considers juvenile life without parole
The Sentencing Project submitted an amicus brief in two cases that were heard by the Supreme Court. Oral arguments were presented in the cases of two Florida individuals sentenced to life without parole for non-homicide offenses committed when they were juveniles. The Sentencing Project's amicus was prepared and submitted with the help of the law firm O'Melveny & Meyers, which provided pro bono services.
research
report finds first racial shift in drug war
The Sentencing Project released a report documenting that for the first time in the 25 years since the inception of the "war on drugs," the number of African Americans incarcerated in state prisons for drug offenses declined. The report received national media attention in outlets including the Washington Post, New York Times, Christian Science Monitor and on CNN.
advocacy
Sentencing project steps up state focus
In May, The Sentencing Project ramped up its activities in the states when Nicole D. Porter joined the staff as State Advocacy Coordinator. Porter has already initiated a new listserv for state advocates to use to share ideas and stragies for state-level reforms.
"Every state has its own distinctions, and each state legislature has its own traditions and nuances, but advocates from different states can learn from each other in terms of strategy, outreach, messaging and public education," said Porter.
Read the full version of Sentencing Times.
The Sentencing Project is a national organization working for a fair and effective criminal justice system by promoting reforms in sentencing law and practice, and alternatives to incarceration.
Middle East: Hamas Adopts Tough New Drug Laws, Includes Death Penalty for Dealers
Posted in Chronicle Blog by Phillip Smith on Wed, 12/02/2009 - 2:27amThe Hamas government running the Gaza Strip has adopted a law that allows for the death penalty for drug dealing. The move came Monday with a Hamas decision to cancel Israeli military laws on drugs and replace them with Egyptian drug laws.
"The government has approved a decision to cancel the Zionist (Israeli) military law with regard to drugs and enact Egyptian law 19 of 1962," Gaza Attorney General Mohammed Abed said in a statement. "The latter law is more comprehensive in terms of crime and criminals and the penalties more advanced, including life sentences and execution. The Zionist law included light punishments that encouraged rather than deterred those who take and trade in drugs, and there is no objective, national or moral justification for continuing to apply it," Abed said.
The Egyptian drug law will remain in effect until the Palestinian parliament passes a new drug law. But the parliament has only met rarely since elections in 2006.
The Gaza Strip was administered by Egypt from 1948 to 1967, when Israel seized the territory, along with several others, during the Six-Day War. Israel withdrew its soldiers and settlers from the territory in 2005, when it was under the control of the secular Fatah Party of Palestinian President Mahmud Abbas. But Hamas unexpectedly defeated Fatah in Gaza elections in the 2006 elections and consolidated its power in a bloody factional struggle with Fatah the following year.
Because of an ongoing Israeli blockade, most goods, including illicit ones, imported into Gaza are smuggled in, primarily through a network of tunnels on the Egyptian border. But Hamas has cracked down on drug trafficking and drug traffickers, claiming more than 100 arrests, and the seizure of dozens of kilograms of drugs, mostly marijuana.
