Pubdate: Sun, 29 Nov 2009 Source: Daily Record, The (Parsippany, NJ) Copyright: 2009 The Daily Record Contact: http://www.dailyrecord.com/customerservice/forms/letters.htm#form Website: http://www.dailyrecord.com Details: http://www.mapinc.org/media/112 Author: Michael Symons Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing) Bookmark: http://www.mapinc.org/rehab.htm (Treatment) MANDATORY DRUG SENTENCES COULD BE REPEALED Law Called Discriminatory TRENTON -- Lawmakers are close to giving judges to ability to waive enhanced prison sentences now mandated for selling drugs within 1,000 feet of a school, and the change could free some nonviolent offenders from incarceration. Backers of the change say eliminating the often three-year mandatory prison term would be fair, given that 19 of 20 people sentenced under the law are black or Latino because far more area in dense cities is covered. And they say it would save the state much-needed cash, with almost one in five inmates now serving mandatory drug sentences. "We have an opportunity to really affect the crime rate by doing what's responsible, by doing what's more affordable, by giving treatment to offenders, rather than throwing them in jail and just having them be an expense on society, not improve and have an opportunity to lead a productive life," said Sen. Raymond Lesniak, D-Union. "Anyone who has familiarity with the school-zone enhancement for jail penalties understands that it has been a complete and total failure, not only for what it intended to do but its unintended consequences," Sen. Nicholas P. Scutari, D-Union, said. "The societal and budgetary costs associated with the school-zone designation are immeasurable." The Senate Judiciary Committee voted last week to send the proposed change to the full Senate. While some longtime lawmakers who have supported school-zone laws such as Sen. John Girgenti, D-Passaic, voted for the change, that sentiment wasn't unanimous. "I do agree that rehabilitation, treatment is a more effective way and a more cost-effective way and is a more humane way, but in this day and age, I'm just concerned the perception we're sending out there to those who continue to sell drugs and prey on our children, some of our most vulnerable children," said Sen. Paul Sarlo, D-Bergen, who despite his opposition allowed a vote on the bill that he could have blocked as committee chairman. "I was here . . . when we did some of these things," said Sen. Gerald Cardinale, R-Bergen, a legislator since 1980. "And we did it because the judges had created a revolving door by which people were picked up, and they were put right back out on the street, and they were out on the same corner before the cop got back on duty that arrested him." The school-zone law was enacted in 1987. Since then, the portion of the prison population locked up for drug crimes has grown from 11 percent to 29 percent. Department of Corrections data indicate that some 4,800 inmates, nearly 19 percent of the prison population, are serving mandatory minimum drug terms, some for selling less than an ounce of cocaine or heroin. Under the bill, a judge could waive or reduce the mandatory minimums, taking into account a defendant's prior criminal record, the seriousness of the offense, whether school was in session and whether children were or reasonably could have been nearby. Mandatory minimums could not be trimmed for offenses that took place on school property, including school buses, or if the defendant threatened violence or had a firearm in his or her possession. The change would allow judges to sentence defendants to the state's drug-court program, an intervention and treatment effort designed to correct behavior without sending nonviolent drug offenders to jail and exposing them to prison life. "Once a person is incarcerated, their life is totally different -- sometimes for the better, most times for the worse," said retired state judge Barnett Hoffman, founder of a Middlesex County drug treatment program. "Prison is like college for criminals." Such a change would bring the potential to save the state significant amounts of money for prison operations. It costs the state around $39,000 a year to house a prison inmate, compared with costs of around $10,000 a year for people on parole or probation. In 2008, according to judicial records cited by the Office of Legislative Services, just over 3,600 people were convicted of distributing drugs within 1,000 of school property. If half of them avoided prison time, the difference to the state could amount to $52 million a year. The Department of Corrections budget of $1.16 billion equals 4 percent of state spending. And its $1 billion in operating costs -- the part of the state budget that excludes grants and state aid -- amounts to over 16 percent of direct state spending. Amendments to the bill made by the Senate Judiciary Committee would allow inmates already serving mandatory minimum sentences to ask the courts to review and possibly reduce those prison terms. Positions on the bill mostly, though not precisely, follow party lines, with the majority Democrats in favor and minority Republicans opposed. Sen. Jennifer Beck, R-Monmouth, joined Senate committee Democrats in supporting the bill last week. The Assembly passed a version of the bill in June 2008 by a vote of 49-27, with 47 Democrats and two Republicans in favor. It would have to approve the bill again, to concur with the changes made in the Senate committee. Gov.-elect Chris Christie has expressed support for changing sentencing laws for nonviolent drug offenders and says he would require drug rehabilitation and vocational training. He also advocates stricter prison terms for violent offenders. - --- MAP posted-by: Jo-D