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Sentencing

Sentencing: Era of Mandatory Minimums for Drugs Comes to an End in Rhode Island

As of last week, Rhode Island sentencing reforms that eliminate mandatory minimums for drug offenses have taken effect.

Townhall Meeting to Support Clarence Aaron

2009/11/19 - 6:00pm

Townhall Meeting to Support Clarence Aaron, Serving 3 Life Sentences for a First-Time, Non-Violent Drug Law Violation

John L. LeFlore Magnet High School
700 Donald Street
Mobile, AL, 36617
United States
See map: Google Maps
Drug War Issues Clemency

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.

# # #

Feature: The State of Play -- Federal Drug Reform Legislation in the Congress

Ten months into the Obama administration, drug policy reform in the US Congress is moving along on a number of tracks.

Feature: 2009 International Drug Policy Reform Conferences Opens Amid Optimism in Albuquerque

Hundreds, possibly more than a thousand, people poured into the Convention Center in downtown Albuquerque, New Mexico, as the Drug Policy Alliance's

Shades of 1986 anti-crime bill

Senator Grassley's bold amendment to stifle any discussion or study of legalization is erriely similiar to the language in the infamous 1986 anti-bill crime bill that included the crack cocaine dispar

Asia: Drug Users Form Regional Drug User Organization

In a meeting in Bangkok last weekend, more than two dozen drug users from nine different countries came together to put the finishing touches on the creation of a new drug user advocacy organization, the Asian Network of People who Use Drugs (ANPUD). The Bangkok meeting was the culmination of a two-year process began at a meeting of the International Congress on AIDS in Asia and the Pacific in Colombo, Sri Lanka, in 2007, and resulted in creating a constitution and selecting a steering committee for the new group.

ANPUD adopts the principles of MIPUD (Meaningful Involvement of People who Use Drugs), and in doing so, aligns itself with other drug user advocacy groups, including the International Network of People who Use Drugs (INPUD), of which ANPUD is an independent affiliate, the Australian Injection and Illicit Drug Users League (AIVL),the Vancouver Area Network of Drug Users, and the Nothing About Us Without Us movement.

ANPUD currently has more than 150 members and sees its mission to advocate for the rights of drug users and communities before national governments and the international community. There is plenty to do. Asia has the largest number of drug users in the world, but is, for the most part, woefully retrograde on drug policy issues. Not only do drug users face harsh criminal sanctions—up to and including the death penalty—but Asian has the lowest coverage of harm reduction services in the world. Access to harm reduction programs, such as needle exchanges and opioid maintenance therapy, is extremely limited.

"People who use drugs are stigmatized, criminalized and abused in every country in Asia," said Jimmy Dorabjee, a key figure in the formation of ANPUD. "Our human rights are violated and we have little in the way of health services to stay alive. If governments do not see people who use drugs, hear us and talk to us, they will continue to ignore us."

The Director of the UNAIDS Regional Support Team, Dr. Prasada Rao, spoke of the urgent need to engage with drug user networks and offered his support to ANPUD, saying that "For UNAIDS, HIV prevention among drug users is a key priority at the global level," said Dr. Prasada Rao, director of the UNAIDS Regional Support Team. "I am very pleased today to be here to see ANPUD being shaped into an organization that will play a key role in Asia's HIV response. It is critical that we are able to more effectively involve the voices of Asian people who use drugs in the scaling up of HIV prevention services across Asia."

"When I go back home, I am now responsible for sharing the experiences with the 250 or so drug users who are actively advocating for better services at the national level," said Nepalese drug user and newly elected steering committee member Ekta Thapa Mahat. "It will be a great way for us to work together and help build the capacity of people who use drugs in Asia."

"The results of the meeting exceeded my expectations," said Ele Morrison, program manager for AVIL's Regional Partnership Project. "The participants set ambitious goals for themselves and they have achieved a lot in just two days to set up this new organization. The building blocks for genuine ownership by people who use drugs is definitely there."

While the meetings leading to the formation were organized and managed by drug users, the process received financial support from the World Health Organization, the UNAIDS Regional Task Force, and AIVL.

Washington Post Story on Crack Sentencing Bill

Carrie Johnson at the Washington Post has written a nice story on the Durbin bill to reduce federal crack cocaine penalties to the level of powder cocaine penalties. It quotes my colleagues Jasmine Tyler of Drug Policy Alliance (known inside the Beltway as "Jazz") and Julie Stewart of Families Against Mandatory Minimums (FAMM), the sentencing reform group that has led the fight to end mandatory minimums since the early '90s.

I have a minor nitpick with the article, which is that it presents the issue as having civil rights and justice reform advocates and some politicos on one side, with law enforcement on the other, quoting a spokesperson for the Fraternal Order of Police saying that in the past their members have favored raising powder cocaine penalties instead. While the article doesn't say that all law enforcement is against reducing the penalties, it does fail to mention that there is also law enforcement support for lowering penalties. The press release from Sen. Durbin announcing the bill cites Los Angeles police chief William Bratton, Miami police chief John Timoney, and the National Black Police Association.

I also have to comment on some of the comments I saw by Post readers. Most of the commenters were in support of reducing penalties as the bill does. But a few characterized it as "stupid," saying it would allow people to go on selling crack in inner city black communities, and thereby hurting those communities. As usual, it's the people throwing around words like "stupid" who've done the least thinking about the issue. If they had in fact stopped to think, they would realize that: 1) possession sentences are getting adjusted by this bill, helping people now going to prison for years for just for possessing tiny quantities of crack; and that: (2) incarcerating a drug dealer just creates a job opportunity for another dealer. Often the new would-be dealers fight it out over the old dealer's turf, hurting the community much much more.

Sentencing: Sen. Durbin Introduces Bill to Eliminate Crack/Powder Cocaine Disparity

Sen. Richard Durbin (D-IL) Thursday introduced the Fair Sentencing Act of 2009, which would eliminate the 100:1 sentencing disparity in federal crack and powder cocaine cases.

Australia: Western Australia Premier Vows to Roll Back Marijuana Reforms, Reenergize Drug War

Leading a Liberal-National Party coalition government, Western Australia Premier Colin Barnett is introducing legislation this week to roll back reforms to the state's marijuana laws.

Africa: Liberia Institutes Draconian New Drug Sentences

The West African nation of Liberia, still struggling to emerge from years of bloody civil war, is now turning its attention to the war on drugs.

Senators Sponsor Bill to Lower Crack Cocaine Penalties

Update: There's video footage from C-Span2 of a Tuesday Congressional briefing on this issue by the Crack the Disparity coalition, online here. First speaker, Chief of NAACP DC Bureau Hilary Shelton.

In July we reported that a bill in the House of Representatives, the Fairness in Cocaine Sentencing Act Fair Sentencing Act of 2009, had passed the full Judiciary Committee. Today Sen. Dick Durbin (D-IL) introduced a Senate version of the bill. There's no bill number yet, but we'll post back with it when available. Click here to read the Durbin office's press release.

The Fairness in Cocaine Sentencing Act Fair Sentencing Act would increase the quantities of crack cocaine that are needed to trigger certain mandatory minimum sentences. Currently one can receive a five-year mandatory minimum prison term for possession of just five grams of crack cocaine, vs. 500 grams of powder cocaine needed for the same sentence, for example. Passage of the Act will mean that it would take 500 grams of crack to trigger the mandatory.

In addition to Durbin, seven other Judiciary Committee members are original cosponsors: Judiciary Committee Chairman Pat Leahy (D-VT), Judiciary Committee Members Arlen Specter (D-PA), Feingold (D-WI), Cardin (D-MD), Whitehouse (D-RI), Kaufman (D-DE) and Franken (D-MN). Two other senators, John Kerry (D-MA) and Chris Dodd (D-CT) are also original cosponsors. While these are all Democrats, some conservative Republican senators had indicated they were likely to or were considering also supporting it. We'll see what happens.

We were one of many organizations signing a letter to the Hill supporting this reform. Groups cited in the press release as supporting the bill include the American Bar Association, the Leadership Conference on Civil Rights, the National Black Police Association, and the United Methodist Church. The release also cites as supporters LA and Miami police chiefs Bill Bratton and John Timoney, and US Attorney General Eric Holder.

All of these sentences should be repealed, of course, but in the meanwhile the Fairness in Cocaine Sentencing Act Fair Sentencing Act will help a lot of people to avoid some terribly long prison terms. Crack sentencing has been an injustice since the laws were passed in the mid-'80s, and a political issue since at least the early '90s when I started tuning in, so it's taken awhile to get to this point. It is looking pretty good for this to finally happen, but we can't take anything for granted. Look for an action alert sometime next week after there's a bill number.

Australia: West Australia Premier Vows to Roll Back Marijuana Reforms, Reenergize Drug War

Leading a Liberal-National Party coalition government, West Australia Premier Colin Barnett is introducing legislation this week to roll back reforms to the state's marijuana laws. Passed by an earlier Labor government in 2003, the changes decriminalized the possession of up to 30 grams of pot and allowed for the growing of up to two plants without fear of arrest and prosecution.

In a media statement Sunday and another one Monday, the "tough on crime" premier gave clear notice he was cracking down on pot and other drug offenders, and was willing to extend police powers to do so. He said he would introduce legislation to repeal the state's Cannabis Control Act of 2003 and to amend the 1981 Misuse of Drugs and Youthful Offender Act.

"The Liberal-National Government is committed to tackling both the demand and supply sides of the illicit drug problem through strong law enforcement policies, education and rehabilitation," Barnett said. "Cannabis is not a harmless or soft drug. Research continues to show that cannabis can lead to a host of health and mental health problems including schizophrenia, and can be a gateway to harder drugs," he maintained, treating highly controversial and discredited claims as if they were fact.

According to Premier Barnett, his legislation will:

• Prosecute those in possession of more than 10g of cannabis
• See subsequent offences for possession being prosecuted as criminal offences.
• Prosecute people for cultivating even one or two cannabis plants.
• Extend the ban the sale of pot-smoking implements to minors to include everyone.
• Increase the fine for selling smoking implements to $5,000 for sale to adults and $10,000 for sale to minors. Corporate entities could be fined up to five times those amounts.

Barnett also wants to "reform" the Cannabis Infringement Notice Scheme (CIN), or ticketing and fines for decriminalized amounts by replacing it with a Cannabis Intervention Requirement Scheme (CIRS) that would require anyone ticketed to attend "drug education" classes. It would also mandate that anyone who failed to pay his fine would be prosecuted, something that has not been the case under the current law.

Barnett's scheme would also allow for the criminal prosecution for marijuana possession of juveniles after two decrim tickets and adults after one. The current law has no such measures.

There's more to come, Barnett promised. "The next steps will be to amend legislation to enable courts to impose a harsher sentence on dealers who sell or supply illicit drugs to children, irrespective of the location of the sale or supply," he said. "Further amendments to the Misuse of Drugs Act 1981 will provide offences for exposing children to harm or to the danger of serious harm from the manufacture of illegal drugs, such as amphetamines, or the unlawful cultivation of illegal hydroponically-grown plants. The Government will also move to ban the sale of drug paraphernalia, including cocaine kits."

But, he said Monday, he's going to start by soon introducing legislation to allow police to stop and search anyone without probable cause. The police commissioner would designate certain "stop and search" zones with advance public notice, especially in entertainment areas.

"Police will have the right to go up to anyone they wish to and introduce a stop and search power," Barnett said. "It will not be an invasive search; it will be comparable to the sort of search and screening that takes place for any citizen getting on an aeroplane."

Sentencing: New York's Rockefeller Drug Law Reforms Now in Effect

As many as 1,500 low-level, nonviolent drug offenders will be able to apply for release or shorter sentences under reforms to New York's draconian Rockefeller drug laws that went into effect Wednes

Feature: What About the Clinton and Bush Era Medical Marijuana Prisoners and Defendants?

When Attorney General Eric Holder announced back in March that he would not use Justice Department resources to go after medical marijuana patients and providers in states where it is legal unless

New York Rockefeller Drug Law Reforms Go Into Effect Today

Okay, everybody stop, take a breath. Perhaps smile. Reforms to New York state's draconian Rockefeller drug laws have gone into effect today. State authorities have identified about 1,100 inmates who are eligible to apply for resentencing now -- I've also seen the figure 1,500 cited. The Legal Aid Society is already working with 270 of them.

It isn't nearly enough. Our article published just before the legislation passed last April outlines some of its deficiencies. If all of those 1,100 gain earlier release than they would have gotten, that will leave another 13,000, and resentencing doesn't mean they'll all get out right away. Of course, the limited scope of the reforms passed by the legislature didn't stop prosecutors from trying to block their implementation. But they failed.

This is the second time the legislature has modified the Rockefeller laws -- the first time was in 2004 -- and yet most of the work still lies ahead of us. But 1,100 people, potentially, will have their lives transformed, and another chink has been made in the drug war wall of injustice.

To once again make use of a Churchill quote that drug reformers have used before: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."

In the meanwhile, watch this video:


Press Release: Gov. Paterson to Speak Wed: Rock Drug Law Reform Becomes Active; 1,500 Eligible for Resentencing and Release!

For Immediate Release: October 7, 2009
Contact: Tony Newman at (646) 335-5384 or Gabriel Sayegh at (646)335-2264

1,500 Incarcerated People Eligible for Resentencing and Release, Judges Now Have Discretion Governor Paterson to Mark Milestone at Brooklyn Courthouse on Wednesday at 10 a.m.

An Army of Legal Advocates and Human Service Agencies Stand Ready to Provide Reentry, Drug Treatment and other Services

New York- On Wednesday, October 7, key elements of the Rockefeller Drug Law reform go into effect: Decision making authority is returned to judges, who can now divert people suffering from drug dependency into treatment and other service programs, instead of prison. And nearly 1,500 people currently incarcerated for low-level, nonviolent drug offenses under the Rockefeller Drug Laws can petition the court for resentencing and, if approved by a judge, will be released.

After Governor David Paterson signed the reforms into law earlier this year, advocates and service providers have worked diligently to prepare for implementation. Legal aid and public defender agencies are providing legal counsel. Hundreds of social and human agencies around the state have volunteered to provide a broad range of services to those individuals who will be released from prison as a result of drug law reform. In New York City alone, over 100 human service agencies have agreed to work with legal aid and public defender agencies to provide services like housing, job training and drug treatment to those individuals returning from prison as a result of drug law reform.

"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 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."

"New Yorkers fought for decades to reform the draconian Rockefeller Drug Laws, and we finally succeeded this year," said Gabriel Sayegh of the Drug Policy Alliance. "Now we need to make Rockefeller reform work.
Today marks another step towards our state moving in new direction on drug policy, one based on public health and safety. Thankfully, legal and human service agencies are stepping up to implement reform."

"Rockefeller Drug Law reform symbolizes a critical time in our history, where we acknowledge the individual stories and personal struggles of those who have been most affected by such a harsh and racist sentencing scheme," said Shreya Mandal, Mitigation Specialist for the Legal Aid Society. "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 model. Now it is time to see this reform through by empowering formerly incarcerated individuals with comprehensive re-entry planning."

Governor Paterson will be marking the milestone at an event at 10 a.m. at the Brooklyn Court House, 320 Jay St., Room 283. In addition to the Governor, two drug court graduates will speak at the event.

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Law Enforcement: Drug Court Program Needs Serious Reforms, Defense Attorneys Say

Drug courts have spread all across the country since the first one was instituted in Miami 20 years ago by then local prosecutor Janet Reno, but now, the nation's largest group of criminal defense

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