Delaware Passes Drug Sentencing Reform Bill

Reduces Mandatory Minimum Sentences, Puts Off Costly Prison Expansion

For the first time, Delaware has passed into law a bill that will reduce mandatory minimum drug sentences, affording judges greater sentencing latitude at the lower end of the sentencing range. House Bill 210 will save a significant number of prison beds and help eliminate the need to expand the state's prison construction for at least a year.

House Bill 210 was a compromise agreement among Delaware's Attorney General, the Sentencing Accountability Commission (SENTAC) and Stand Up for what's Right and Just (SURJ), a grassroots organization that for three years has been acting to reform Delaware's criminal justice system.

SURJ has worked to give Delaware's judges a greater measure of discretion on mandatory minimum drug sentences through House Bill 35, an earlier "drug safety valve" bill that introduced alternatives to mandatory minimum prison sentences for some drug offenses. It did not pass due to competing bills that caused an ongoing impasse.

"We saw that if we were to achieve our objectives, we would have to negotiate a compromise to overcome the stalemate," said Tom Eichler, executive director of SURJ.

"We are pleased that Judge Gebelein, Chairman of Delaware's Sentencing Accountability Commission, along with SURJ and the Attorney General, were able to resolve the impasse by creating a single bill that will reduce prison time for drug offenders and non-violent motor vehicle violators to make sure that expensive and limited prison capacity is saved for the most violent criminals."

While Delaware's Statistical Analysis Center reports that the increases in violent crime provisions in this bill will require an additional 142 to 172 prison beds annually, this will be offset by the reduced sentences for drug violations, saving 300 beds, and by the fact that sentencing alternatives will permit the Department of Correction to use electronic monitoring for motor vehicle violators, which will save another 150 beds annually.

"But for the pressure brought by SURJ and HB 35, there would have been no compromise. We have made progress that 18 months ago I would have thought impossible," said Judge Gebelein.

According to Eichler, passage of HB 210 is the first of many legislative victories needed to ensure that progress continues.

"We need a thorough analysis of our state's criminal justice system to effect positive changes that will advance justice while making economic and social sense," said Eichler.

To that end, SURJ has drafted and filed HB 304, backed by several key sponsors, that creates a Special Commission on criminal justice to assess the viability of alternatives to prison construction in Delaware. The review will include an analysis of charging decisions, pre-trial detention, plea bargaining, sentencing and correctional systems, rehabilitation, programming, offender re-entry mechanisms and community-based services and programming. The assessment also will identify modifications that can be made in those systems to improve their cost-effectiveness and reduce the risk of re-offense in conformance with justice, public safety and constitutional requirements.

Drug sentencing reform highlights of HB 210:

• Trafficking in illegal drugs, by first, second, and third weight
  levels reduced from 3 years to 2, 5 years to 4, and 15 to 8 (excepting heroin)
   
• Possession with intent to deliver, second offense reduced from 15 years to 3, except for heroin which is 5 years; also no longer will repeat possession misdemeanor/felony convictions trigger these enhanced penalties
   
• The last 6 months of drug sentences may be served at Level IV,
  work release or home confinement to facilitate continuity of treatment in preparation for reentry.
   
• Cocaine trafficking weight level raised from 5 grams to 10 grams