Pubdate: Thu, 16 Jun 2011 Source: Palm Beach Post, The (FL) Copyright: 2011 The Palm Beach Post Contact: http://www.palmbeachpost.com/ Details: http://www.mapinc.org/media/333 Author: Randy Schultz, for The Palm Beach Post Editorial Board Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) KICK THE LOCK-'EM-UP HABIT As an op-ed article on the opposite page notes, this is the 40th anniversary of America's "War on Drugs." This year, Florida began a strategic retreat from decades of failed drug-related criminal justice policies, and that retreat should continue even faster next year. In the late 1980s, Florida overreacted to the arrival of crack cocaine by instituting mandatory sentences that did little to distinguish addicts from traffickers. Prisons swelled, and the Department of Corrections began releasing inmates so the state would remain in compliance with court-ordered limits on prison populations. The system for deciding who to release, however, was spotty. One man who had served barely half his sentence killed two police officers. So next came the rule that all inmates must serve 85 percent of their sentence. The bill for such rigidity hit in 2009, when the Legislature heard that without a change in policy Florida might need 19 new prisons, each costing $100 million to build and $25 million to run. Thus began the move to change who goes to prison, how long they stay and how prison prepares them for release. As part of that movement, Sen. Ellyn Bogdanoff, R-Fort Lauderdale, and Rep. Ari Porth, D-Coral Springs, filed a bill this year that would have ended minimum mandatory sentences for drug offenders. Not surprisingly, it failed. "It's a big, hairy issue," Sen. Bogdanoff said, channeling former Gov. Jeb Bush. "People don't want to look 'soft on crime.' " But the bill intended only to leave sentencing "to the discretion of the judge." One big problem is that Florida bases sentencing on how much the drugs weigh. Someone with just seven Vicodin, Sen. Bogdanoff said, could get three years in prison. At one point during this year's session, the debate got down to whether to exclude acetaminophen from the narcotic hydrocodone when weighing the Vicodin. Down with the bill went a reform long pushed by 4th District Court of Appeal Judge Melanie May that would target inmates for help after they were released. Rep. Porth, a Broward County prosecutor, wonders whether he and Sen. Bogdanoff aimed too high the first time. "Our bill was all-encompassing," he said, and may not have distinguished enough between drug users and drug sellers. Still, other legislation increased the use of drug courts, which divert addicts from prison if they qualify, and made it easier for ex-felons to hold certain jobs without having to go through the long process of having full civil rights restored. Also, it became clearer this year that getting smarter on crime is not just a bipartisan issue but one that has support from business groups. Nationally, the debate goes on about "legalizing" or "decriminalizing" drugs. In Florida, the debate should be about only how fast the state can repair the damage from decades of misguided criminal justice policies. - --- MAP posted-by: Jay Bergstrom