Pubdate: Thu, 29 Mar 2012
Source: Denver Post (CO)
Copyright: 2012 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Lynn Bartels

SENATE PANEL OKS DRUG BILL TO LOWER SOME PENALTIES

Tears flowed Wednesday in a Senate committee when a former meth user 
talked about how her husband's unexpected death led to her addiction, 
a prison sentence and foster care for her children.

Pam Clifton, who now works for the Colorado Criminal Justice Reform 
Coalition, testified in favor of a bill that would reduce the penalty 
for the crime of possession of drugs from a felony to a misdemeanor.

The bill passed the Senate Judiciary Committee on a 5-2 vote, with 
two Republicans, Ellen Roberts of Durango and Steve King of Grand 
Junction, voting "no." Republican Kevin Lundberg of Berthoud voted 
with the four Democrats.

"It wasn't necessary to put me in prison. It was just the easiest 
thing to do," said Clifton, 50, who served seven years.

She estimated she had $100 worth of drugs on her when she was 
arrested, but the state spent thousands locking her up and providing 
foster care for her daughter and son, who were 7 and 4, respectively, 
when she went to prison.

Supporters of Senate Bill 163 said the goal is to offer treatment for 
addicts who often find that a felony conviction sentences them to a 
lifetime of employment struggles. Drug dealing or manufacturing would 
remain a felony.

But critics said the bill would overwhelm county jails, and recent 
sentencing reforms need more time to work.

The bill has an unlikely coalition of sponsors: Sens. Shawn Mitchell, 
R-Broomfield, and Pat Steadman, D-Denver, and Reps. Claire Levy, 
D-Boulder, and Don Beezley, R-Broomfield. They represent some of the 
most conservative and liberal members of their chambers.

Mitchell, who earlier revealed he has a brother with a felony 
conviction because of a meth addiction, said he was impressed with 
the "thoughtful" testimony from both sides.

"I'm encouraged that this will help us help people more than punish 
people," he said.

But King said the Mesa County sheriff had to lay off 33 people last 
year and the bill would result in more county prisoners - a concern 
of other sheriffs.

"The counties are not any more flush with money than the state is," 
said Peg Ackerman, lobbyist for the County Sheriffs of Colorado.

Dan Rubinstein, the district attorneys' representative on a drug task 
force, also argued against the bill. He said defense attorneys he's 
talked to say the threat of a felony is more effective than a 
misdemeanor conviction, and prosecutors fear it would undercut 
sentencing reforms passed in recent years.
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MAP posted-by: Jay Bergstrom