Pubdate: Wed, 29 Apr 2015
Source: Los Angeles Times (CA)
Copyright: 2015 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248

NONCITIZENS AND THE DRUG LAWS

Under California law, first-time offenders caught by police with 
small amounts of illegal drugs can qualify for "deferred entry of 
judgment," in which a judge accepts a guilty plea, then suspends 
criminal proceedings while the offender enters rehabilitation or 
another court-approved program targeting drug use and recidivism. If 
the offender successfully completes the program, the case is 
dismissed and the conviction erased.

That's no small thing. Studies have found that even a misdemeanor 
conviction can make it difficult to get a job. It can affect access 
to certain professional licenses and eligibility for some social 
services. Diversion programs also reflect the growing recognition 
that drug abuse and addiction might be better viewed as a public 
health issue than as a criminal one.

But there's a small wrinkle in the process for noncitizens, whether 
they are here legally, holding a green card and waiting in line for 
naturalization, or here without permission. Under federal immigration 
laws, any drug conviction other than for possession of less than 30 
grams of marijuana is grounds for deportation. So if a noncitizen 
caught with a small amount of a controlled substance opts for 
deferred entry of judgment, he or she could be deported because the 
program is predicated on pleading guilty.

Assemblywoman Susan Talamantes Eggman (D-Stockton) has introduced AB 
1351, which would tweak the deferred-entry program to remove the 
guilty plea requirement. But it's not a free pass. If the defendant 
doesn't satisfactorily complete the drug program, the legal process 
resumes, including a plea and a trial, if necessary.

Theoretically, the federal government could still deport a noncitizen 
simply for the drug abuse, but experts say such deportations are rare.

This change is in league with a fix the Legislature made last year, 
shortening the sentence for a misdemeanor conviction from a maximum 
of 365 days in jail to 364 days. Crimes carrying a penalty of 365 
days or more are treated as felonies by the federal government and 
can lead, in some cases, to summary deportation. By lopping a day 
from the maximum possible sentence, a conviction for most of those 
minor crimes no longer carries the risk of deportation.

Neither of these changes means California is weak on crime or soft on 
immigration. Defendants are eligible only once for the deferred entry 
of judgment program, and only if they have no prior drug convictions 
and the arrest was not connected with a violent crime, among other 
restrictions.

The new approach would treat potential citizens the same way full 
citizens are treated when it comes to minor drug infractions. And it 
rightly emphasizes recovery and rehabilitation over incarceration.
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MAP posted-by: Jay Bergstrom