Sentence Reforms Proposed

Bill would give judges discretion

A bill in the state House of Representatives would give judges new discretion when sentencing drug-trafficking offenders.

The bill is the handiwork of Stand Up For What’s Right and Just, a 15-month-old nonprofit group dedicated to reforming the criminal justice system and attacking the causes of crime.

The group worked with lead sponsors Rep. John F. VanSant, D-Woodcrest, and Sen. Liane Sorenson, R-Hockessin, on the bill.  VanSant and Sorenson are minority whips in their respective chambers.

Seventeen other Republican and Democratic representatives and senators have signed on as co-sponsors of the legislation, which was introduced Thursday as House Bill 436.

“This is recommended as something being in the interest of justice,” said Tom Eichler, the reform group’s executive coordinator.

The bill would allow Delaware judges to order sentences other than mandatory minimums in drug-trafficking cases where they find there are special circumstances worthy of consideration.

The bill suggests such circumstances might include offenders with no prior record, those who played a minor role in their drug crimes or cooperated with police.

Judges would have to order offenders into some kind of treatment or work skills program.  Offenders who don’t comply would face a prison term of at least the mandatory minimum, according to the bill.

“If we want to make the community safer and prevent recidivism, we need to get to the root of the problem,” said Janet Leban, chairwoman of the group’s board of directors.

Leban also is executive director of the Delaware Center for Justice, a non-profit agency that advocates for fair, effective and efficient criminal justice policies.  The center is one of 13 organizations endorsing the bill.

The organizations and sponsoring lawmakers plan to gather today to show support for the legislation.

Sorenson said she was concerned that innocent people may be pleading guilty to lesser offenses, rather than fighting charges in trial that carry mandatory minimum sentences with conviction.

“We have a highly regarded judiciary in the state of Delaware,” that deserves sentencing discretion, Sorenson said 

The bill’s introduction comes two weeks after Attorney General M. Jane Brady unveiled a package of sentencing reform proposals that includes giving judges discretion to suspend some or all mandatory sentences for first-time offenders who possess small drug quantities.

Brady’s proposal does not include a treatment requirement.

Brady was traveling Friday and unavailable for comment.  State Prosecutor Steven P. Wood, the legislative liaison for her office, said prosecutors maintain that judges already have authority to order offenders into treatment.

Prosecutors have discussed reform ideas with the reform group, but prefer Brady’s eight-idea reform package that deals with a variety of sentencing issues, rather than just drug offenses, he said.

Brady is continuing to talk with lawmakers about her ideas.  She does not yet have sponsors for her proposals, but expects her bills to be introduced soon, Wood said. 

Any bills to move away from mandatory minimum sentences could face an uphill fight, because Senate President Pro Tem Thomas Sharp, D-Pinecrest, has been an ardent supporter of mandatory minimum sentences.  He could not be reached.