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July 5, 2007
Carcieri vetoes bill easing drug sentences
Governor Carcieri has vetoed a bill to eliminate mandatory minimum sentences for drug offenses.
The General Assembly passed the bill in the last week of this year’s legislative session, hoping to help ease overcrowding at the Adult Correctional Institutions and to give judges discretion to sentence offenders to drug treatment, rather than prison time, where appropriate.
Carcieri said he believes the law, as it stands, gives judges so much discretion that the minimums “exist more in theory than reality.”
-- Journal staff writer Elizabeth Gudrais
Currently, a conviction for possessing more than one ounce of heroin or cocaine, or more than one kilogram of marijuana, carries a mandatory minimum prison sentence of 10 years. For possessing larger quantities -- more than one kilogram of heroin or cocaine, or more than five kilograms of marijuana -- the mandatory minimum is 20 years.
But the law allows judges to make exceptions based on several factors, including "the character and background of the defendant" or the defendant's cooperation with law enforcement.
“Current law avails to the third branch of government any and all means to render the punishment they deem most appropriate in light of the circumstances of a particular case,” Carcieri wrote in his veto message.
The state police opposed the bill because in addition to eliminating mandatory minimum sentences, it would have substantially shortened the maximum sentences for serious drug offenses. Carcieri wrote that he shares those concerns.
The mandatory-minimum bill was one among 36 veto messages the governor’s office transmitted today. Among other things, the governor vetoed bills that would have:
-- allowed youths to “pre register” to vote upon turning 16, with their registration automatically becoming active when they turn 18;
-- repealed the so-called “civil death” statute that restricts marriage rights, property rights and other rights of convicted criminals who receive a life sentence;
-- set forth criteria for Blue Cross & Blue Shield of Rhode Island to resume compensating its board members;
-- made it optional, rather than mandatory, for many categories of political candidates and officeholders to file their campaign finance reports electronically; and
-- allowed certain state and municipal employees, including judges, to designate a domestic partner as the beneficiary of their pension, death and other retirement benefits.
Assembly leaders have not yet indicated whether they intend to return to override vetoes before the new legislative session begins in January.
Read more about these bills, and find out what else the governor vetoed, in Friday’s Providence Journal.
Posted by Kate Bramson
at 1:27 PM | Permalink
Mike | July 5, 2007 2:03 PM link
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