Pubdate: Sat, 24 Mar 2007
Source: Baltimore Sun (MD)
Copyright: 2007 The Baltimore Sun, a Times Mirror Newspaper.
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Kelly Brewington
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)
Bookmark: http://www.mapinc.org/find?247 (Crime Policy - United States)

BILL ON DRUG OFFENDERS FAILS

Delegates Vote Against Making Second-Time Felons Eligible for Parole

After a fierce debate in which some lawmakers raised concerns about 
the effectiveness of the nation's war on drugs, the Maryland House of 
Delegates defeated by one vote a bill to allow some second-time drug 
offenders to become eligible for parole.

Lawmakers opposing the measure, which failed 68-69, said it would 
reward drug dealers and gang members while making communities more dangerous.

"They are going to get more lenient treatment under the provision of 
this bill," said Del Anthony J. O'Donnell, the House minority leader 
from Southern Maryland. "I suggest our citizens are not willing to 
hand down rewards for drug dealers who are preying on our children. 
This is bad policy, serious bad policy."

Del. Curtis S. Anderson, a Baltimore Democrat and lead sponsor of the 
measure, said the bill was written to offer a treatment option to 
low-level drug offenders, many of whom tend to be drug users.

Anderson stressed that the bill would affect only second-time 
offenders serving mandatory minimum sentences of 10 years in jail. 
Such offenders would be eligible for parole after serving half their 
sentence, he said. Parole boards have the discretion of referring 
offenders to treatment.

"Our citizens are also asking us to come up with a more creative 
response to the drug problem in our communities," Anderson said. "For 
the last 40 years, we have tried to incarcerate our way out of the 
problem, and it really hasn't worked. For 40 years, we have increased 
the penalties and the prison population continues to grow. But the 
problem also continues to grow."

Other lawmakers used the bill as an opportunity to speak out against 
what they called unjust mandatory minimum drug sentencing laws.

Del. Doyle L. Niemann, a Democrat from Prince George's County, said 
the sentencing provisions disproportionately hurt African-American 
communities and do little to win the drug war.

"Having prosecuted people under this law, I will tell you this does 
not make sense," he said. "They are selling $10 rocks of crack 
cocaine. These are not big-time drug dealers. They are not the gangs. 
There are other laws for kingpins. This does not affect them."

In its original form, the legislation would have allowed judges 
discretion in sentencing repeat offenders who commit certain drug 
crimes. But lawmakers said the provisions were too lenient and 
amended the bill to address parole provisions and exempted offenders 
convicted of violent crimes.

Del. Patrick L. McDonough, a Baltimore County Republican, criticized 
lawmakers on the Judiciary Committee who advanced the bill, saying it 
represented a trend of soft-on-crime measures being considered by that body.

"It's crystal clear ... we are having early-release mania," he said. 
"We are finding loopholes and making them bigger. The people back 
home don't want this. We need to send them a message that you are 
down here to protect public safety and to protect victims of crime."

Anderson said he plans to push for the House to reconsider the bill 
when it convenes today. Lawmakers would have to agree by a simple 
majority vote to reconsider the bill. Anderson said he hopes to 
convince a few of his colleagues to support the bill. He said he 
thinks it could have passed yesterday, but several supportive 
lawmakers were absent.

"It's a difficult process, sometimes you don't explain yourself as 
forcefully as you need to," he said. "It's clearly an issue we need 
to look at."

Del. Brian K. McHale, a Baltimore Democrat who voted against the 
legislation, said he doesn't plan on reconsidering his position.

"In my district there are so many victims of crimes of repeat drug 
offenders," he said. "I'm all for expanded drug treatment in jail. 
But I won't change my mind on this." 
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MAP posted-by: Richard Lake