6/23/04
BILL CALLS FOR REPEAL
OF MANDATORY MINIMUM DRUG LAWS
Today, June 23, 2004 Rep. Pam Maier (R, 21st District) introduced House
Bill 517, which would repeal Delaware’s mandatory minimum drug laws and
restore sentencing discretion to Delaware’s judiciary. HB 517,
sponsored by 19 legislators from both sides of the aisle, was developed
by Stand Up for what’s Right and Just (SURJ) after months of acquiring
input from community leaders, legislators, and attorneys.
According to Tom Eichler, executive director, SURJ, not only do
mandatory minimum sentences rule out the consideration of mitigating
factors, but also they transfer discretion from a neutral judge to an
adversarial prosecutor.
“This tilts our sentencing system toward prosecution priorities,’ said
Rep. Maier, “lessening the opportunity for judges to use their
discretion. Judicial discretion is essential to handing down impartial
sentences. Until remedied, mandatory minimums will continue to open the
door for repeated and costly injustices.”
Last year, the General Assembly passed HB 210, a compromise bill
designed to help mitigate harsh injustices resulting from mandatory
minimum drug sentences.
“While HB 210 takes us in
the right direction, it does not restore sentencing discretion to
judges,” said Sen. Liane Sorenson, (R, 6th District), also a
prime sponsor of HB 517. “That is what HB 517 will do, and the
consequences of its passage will bring about sentences based on
Delaware’s sentencing guidelines that are fair and just for each
particular drug offender, increasing the quality of justice while
reducing the excessive costs of mandatory minimum drug sentences.”
HB 517 is endorsed by the
Delaware State Bar Association and the Delaware Trial Lawyers
Association. Its prime sponsors include Reps. Pam Maier and John Van
Sant and Sens. Margaret Rose Henry and Liane Sorenson. Co-sponsors
include Reps. Bruce Ennis, Tina Fallon, Melanie George, Bethany
Hall-Long, William Houghton, Helene Keeley, Michael Mulrooney, Hazel
Plant, Robert Quillen, and John Viola; and Sens. Harris McDowell, Karen
Peterson, Dave Sokola, Catherine Cloutier, and Gary Simpson.
