Pubdate: Mon, 12 Aug 2013
Source: Dallas Morning News (TX)
Copyright: 2013 The Dallas Morning News, Inc.
Contact: http://www.dallasnews.com/opinion/send-a-letter/
Website: http://www.dallasnews.com/
Details: http://www.mapinc.org/media/117
Page: 1A

HOLDER TO EASE DRUG SENTENCING

AG Says Charges Will Be ' Better Suited' To Actions of Nonviolent Offenders

WASHINGTON - Attorney General Eric Holder is set to announce Monday 
that low-level, nonviolent drug offenders with no ties to gangs or 
large-scale drug organizations will no longer be charged with 
offenses that impose severe mandatory sentences.

The new Justice Department policy is part of a comprehensive prison 
reform package that Holder will reveal in a speech to the American 
Bar Association in San Francisco, according to senior department 
officials. He is also expected to introduce a policy to reduce 
sentences for elderly, nonviolent inmates and find alternatives to 
prison for nonviolent criminals.

Mandatory minimum prison sentences - a product of the government's 
war on drugs in the 1980s - limit the discretion of judges to impose 
shorter prison sentences.

Under the altered policy, the attorney general said in his prepared 
remarks, defendants will instead be charged with offenses for which 
accompanying sentences "are better suited to their individual 
conduct, rather than excessive prison terms more appropriate for 
violent criminals or drug kingpins."

Federal prisons are operating at nearly 40 percent above capacity and 
hold more than 219,000 inmates - with almost half of them serving 
time for drug-related crimes and many of them with substance-use 
disorders. In addition, 9 million to 10 million prisoners go through 
local jails each year.

The cost of incarceration in the United States was $80 billion in 
2010, according to the Justice Department. While the U.S. population 
has increased by about a third since 1980, the federal prison 
population has grown by about 800 percent.

Aggressive enforcement of federal criminal laws is necessary, but "we 
cannot simply prosecute or incarcerate our way to becoming a safer 
nation," Holder said. "Today, a vicious cycle of poverty, criminality 
and incarceration traps too many Americans and weakens too many 
communities. However, many aspects of our criminal justice system may 
actually exacerbate this problem, rather than alleviate it."

"We need to ensure that incarceration is used to punish, deter and 
rehabilitate - not merely to convict, warehouse and forget," he said.

Refocusing resources

The attorney general can make some of these changes to drug policy on 
his own. He is giving new instructions to federal prosecutors on how 
they should write their criminal complaints when charging low-level 
drug offenders, to avoid triggering the mandatory minimum sentences. 
Under certain statutes, inflexible sentences for drug crimes are 
mandated regardless of the facts or conduct in the case, reducing the 
discretion of prosecutors, judges and juries.

Some of Holder's other initiatives will require legislative change. 
He is urging passage of legislation with bipartisan support that is 
aimed at giving federal judges more discretion in applying mandatory 
minimum sentences to certain drug offenses.

"Such legislation will ultimately save our country billions of 
dollars," Holder said of a bill supported by Sens. Dick Durbin, 
D-Ill., Patrick Leahy, D-Vt., Mike Lee, R-Utah, and Rand Paul, R-Ky. 
"Although incarceration has a role to play in our justice system, 
widespread incarceration at the federal, state and local levels is 
both ineffective and unsustainable."

Holder said new approaches - which he is calling the "Smart On Crime" 
initiative - are the result of a Justice Department review he 
launched early this year.

"By targeting the most serious offenses, prosecuting the most 
dangerous criminals, directing assistance to crime ' hot spots,' and 
pursuing new ways to promote public safety, deterrence, efficiency 
and fairness - we can become both smarter and tougher on crime," Holder said.

The attorney general said 17 states have directed money away from 
prison construction and toward programs and services such as 
treatment and supervision that are designed to reduce the problem of 
repeat offenders.

In Kentucky, legislation has reserved prison beds for the most 
serious offenders and refocused resources on community supervision. 
The state is projected to reduce its prison population by more than 
3,000 over the next 10 years, saving more than $400 million.

He also cited investments in drug treatment in Texas for nonviolent 
offenders and changes to parole policies which he said brought about 
a reduction in the prison population of more than 5,000 inmates last year.

Marijuana policy

Holder also said the department is expanding a policy for considering 
compassionate release for inmates facing extraordinary or compelling 
circumstances, and who pose no threat to the public. He said the 
expansion will include elderly inmates who did not commit violent 
crimes and who have served significant portions of their sentences.

Holder does not plan to announce any changes in the Justice 
Department's policy on marijuana, which is illegal under federal law. 
Two states, Colorado and Washington, legalized marijuana in November. 
Supporters of the measures argued that hundreds of millions of 
dollars have been wasted on a failed war against marijuana that has 
filled American prisons will low-level offenders.

Supporters also contended that decriminalization would bring in 
hundreds of millions of dollars in tax revenue that could be used for 
education, health care and other government services.

But the legalization measures directly violate the federal Controlled 
Substances Act, which prohibits the production, possession and sale 
of marijuana and classifies marijuana as a Schedule 1 drug, putting 
it in the same category as LSD and heroin. The Justice Department has 
not said how it will respond to the measures in Colorado and 
Washington, leaving state and local officials confused about exactly 
how to proceed.

FROM WIRE REPORTS
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MAP posted-by: Jay Bergstrom