Pubdate: Sat, 19 Jul 2014
Source: Baltimore Sun (MD)
Copyright: 2014 The Baltimore Sun Company
Contact:  http://www.baltimoresun.com/
Details: http://www.mapinc.org/media/37
Author: Ian Duncan
Page: 1

DRUG TERMS COULD BE CUT

U.S. Panel's Move Might Shorten 46,000 Existing Sentences

A judicial panel voted Friday to slash prison time for thousands of 
inmates - hundreds of them from Maryland - a significant move toward 
softening the severe punishments for federal drug crimes.

If the step by the U.S. Sentencing Commission is not blocked by 
Congress, about half of the federal prisoners incarcerated for drug 
crimes - about 46,000 people - will be eligible for sentence 
reductions averaging more than two years.

The vote is the latest in a string of triumphs for advocates of 
shorter sentences as the country grapples with how to deal with a 
federal prison population that has swelled under decades-old laws. 
But even after the other victories, some advocates of reduced 
sentences called Friday's shift the biggest in more than 20 years.

The commission had decided in April to reduce future sentences. 
Friday's vote extends the same approach retroactively to those 
serving time. Releases could begin starting Nov. 1, 2015.

Until then, defense attorneys in Maryland and across the country will 
be rushing to court to file petitions on behalf of inmates. It will 
be up to U.S. attorneys to respond to the cases and battle over 
whether an inmate's early release would pose a threat to public safety.

James Wyda, head of the Maryland federal public defender's office, 
said his team will handle most of the cases, and he praised the move.

"This is another step - perhaps the most wide-ranging and important 
step - in the process to reform our far too severe federal drug 
sentencing laws," he said. "These excessive sentences have been 
imposed mostly against poor people, mostly people of color.

"This is a very good day for fairness and justice in our federal courts."

An analysis by the sentencing commission found about 600 inmates from 
Maryland who would be eligible for early release. Wyda said the 
number could be higher.

The basis of federal drug sentencing policy was set out in a 1986 law 
that Congress quickly passed after University of Maryland basketball 
star Len Bias died of a cocaine overdose. The university announced 
this week that it was inducting him into its sports hall of fame. The 
law spelled out often-stiff minimum sentences for drug distribution 
that sometimes reached even lower-level dealers.

In recent years, all branches of the federal government have been 
working out ways to rethink the lengthy sentences that law 
introduced. In 2010, Congress voted to reduce the disparity between 
prison terms for crack and powder cocaine. Congress is weighing 
further changes.

The sentencing commission, which is part of the judiciary, has also 
cut back on recommended prison terms for some types of cases. And 
federal public defenders have won cases to get prisoners released.

Attorney General Eric H. Holder Jr. has generally been an advocate of 
such reductions. The Justice Department originally asked the 
commission to take a narrower approach - one that would affect just 
20,000 inmates - but Holder said Friday he supports the new policy.

The department was able to postpone the effective date of the change 
for a year to give prosecutors time to weed out inappropriate cases, 
an official said.

U.S. District Judge Patti B. Saris, chairwoman of the commission, a 
group of judges and lawyers who establish sentencing policies, said 
the amendment's "measured approach" won it support.

"It reduces prison costs and populations, and responds to statutory 
and guidelines changes since the drug guidelines were initially 
developed, while safeguarding public safety," she said.

But not all authorities are supportive of the new guidelines.

"The strong sentencing scheme that has been in place in place over 
the last 25 years in our country has contributed to the lowest crime 
rates in more than a generation," the National Association of 
Assistant United States Attorneys said in a statement.

Inmates eligible to apply for a reduction are not guaranteed release.

None would be let out until a judge reviews their case to determine 
whether a reduced sentence poses a risk to public safety. The 
sentencing commission analysis projected that the releases will be 
spread out over the next six or more years.

The House and Senate would have to vote by Nov. 1 to block the plan. 
But there has been bipartisan support in both houses for broad 
changes in prison policies, and Obama administration officials do not 
expect a concerted effort to change the commission's new policy.

A study of previous early releases of drug offenders found no effect 
on recidivism.

"There is little evidence to suggest that excessively punitive 
federal drug policies have improved public safety," said Mark Mauer, 
head of advocacy group the Sentencing Project.

"Today's commission vote represents a major milestone in bringing a 
greater measure of rationality to federal drug sentencing."
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MAP posted-by: Jay Bergstrom