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April 30, 2008

Senate OKs bill to end minimum jail time in drug cases

PROVIDENCE -- The state Senate today threw support to eliminating mandatory minimum sentences for offenders in certain drug-related crimes.

The bill, sponsored by Sen. Harold M. Metts, D-Providence, was approved 33 to 3 in the Senate, according to a news release.

The same legislation won approval from the Democrat-controlled General Assembly last year but Governor Carcieri, a Republican, vetoed it. The legislature opted not to override that veto last year.

Metts asserted the bill would not make Rhode Island soft on crime, but, rather, give judges discretion when it comes to deciding when someone would benefit from treatment and when it’s time to penalize.

“Judges are selected because they have the ability to weigh the facts and make reasonable decisions, and we should give them the freedom to use that discretion in each individual case,” said Metts, according to the news release. “This legislation will inject common sense and a certain level of compassion into sentencing people with drug problems. We need a better balance between punishment and restoration.

“As it stands now, judges are not allowed to consider any type of mitigating circumstances. In my opinion, judges should be given some sort of discretion in these types of cases,” he added.

The bill would end mandatory minimum sentencing for drug possession and change the maximum sentences to 20 years for the smaller quantities of drugs, and 30 years for larger quantities. It eliminates minimum fines -- currently $10,000 for smaller quantities and $25,000 for bigger ones.

But maximum fines will remain -- at $50,000 and $1 million, respectively.

The Senate bill goes next to the House.

A matching House bill, sponsored by Rep. Joseph S. Almeida, D-Providence, got House Judiciary Committee approval last week. The House is expected to take it up next week, according to the news release.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney  at 5:35 PM | Permalink

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