Pubdate: Fri, 08 Mar 2002
Source: Charlotte Observer (NC)
Copyright: 2002 The Charlotte Observer
Contact:  http://www.mapinc.org/media/78
Author: Jim Davenport

HOUSE, SENATE ARE AT ODDS OVER SENTENCING BILL

COLUMBIA - Three senators and three representatives drew battle lines 
Thursday over a truth-in-sentencing bill -- revealing clear divisions 
on crack-cocaine punishments and which crimes should be covered.

The House legislation, written by House Speaker David Wilkins, 
R-Greenville, extends the current truth-in-sentencing law to all 
convicts. It says they must serve 100 percent of their sentences, but 
can reduce that time to 85 percent if they get work, education and 
behavior credits. Under current law, that standard is applied to 
crimes with sentences of 20 years or more.

The Senate altered that. It imposed the sentencing standard only on 
major crimes involving sentences of 15 years or more, as well as on 
three crimes carrying 10-year sentences: assault and battery of a 
high and aggravated nature, criminal domestic violence and 
third-degree criminal sexual conduct.

Along the way, the Senate also agreed to lower penalties for crack 
cocaine, making them consistent with state penalties for powder 
cocaine. That change was crucial in getting black senators to allow a 
vote on the bill.

House Judiciary Committee Chairman Jim Harrison, R-Columbia, tried to 
persuade Senate conferees to lower the sentencing threshold below 15 
years to cover all felonies, but exclude misdemeanors.

"We had a tough enough time getting 15," said Sen. Brad Hutto, D-Orangeburg.

The state still hasn't determined the full cost of the 
truth-in-sentencing on crimes calling for 20 years or more in prison, 
he said.

Harrison, leading the House conferees, said he would have "a 
difficult time getting a bill passed that lowered the penalty for 
crack cocaine."

About 21 percent of people in prisons statewide are there for serious 
drug offenses, according the Corrections Department. Among black men 
and women, more than 27 percent are in prison on "dangerous drug" 
offenses, according to the Corrections Department.

It is unclear how many are serving time for crack-cocaine convictions.

The conferees will take up the bill again Tuesday.
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