The effort to improve Delaware’s overly harsh drug laws has culminated in a comprehensive revision of Title 16, which contains the drug code.  HB 443 is a collaborative effort toward drug law reform which began in April 2009 and involved the Attorney General’s Office, Public Defender, Law Enforcement, Department of Correction, and SURJ.  The new proposed drug laws mirror the more sensible sentencing schemes used in other states and bring the drug laws into line with the rest of the Delaware code.  The new scheme is smarter, simpler, and allows for better consideration of the unique circumstances of each drug offense. 

Consistent with the rest of the Delaware code, only drug offenses which are Class B Felonies will carry a mandatory minimum sentence.  Some drug crimes which are currently felonies will be reduced to misdemeanors.  The new sentencing structure will simplify and reduce the number of charges in a single drug case.  Prosecutors will no longer be able to heap on multiple charges that carry separate mandatory minimum sentences.  Rather, the new structure includes a base charge according to a “Tier” system, and aggravating factors such as dealing drugs in a school zone or resisting arrest could increase the offense level.

The amounts of drugs that trigger mandatory minimum sentences would also be significantly increased.  For example, 10 grams of cocaine previously triggered a 2 year mandatory minimum sentence; however, the new scheme would require 25 grams of cocaine to trigger the same sentence.  Cases involving lower quantities would trigger the mandatory minimum only if certain aggravating circumstances exist.

Important changes to school zone protections and driver’s license suspensions for drug offenders would also be made.  Currently, drug offenders can rack up penalties if the crime occurred within 1,000 feet of a school.  This is problematic in urban areas such as the city of Wilmington, where the number of schools is more highly concentrated than in rural or suburban areas.  The new law redefines protected school zones to an area within 300 feet of a school.  Currently, those who commit drug offenses face a driver’s license suspension of 1 year.  Drug felons lose their license for 3 years.  This exceeds the length of the federally mandated revocation period.  The new proposed law reduces driver’s license revocations to 6 months for drug misdemeanors and 1 year for drug felonies.

On June 3rd, HB 168, which would repeal mandatory minimum drug sentencing, was considered by the House Judiciary Committee.  The vote to release the bill to the House floor came in at 4 in favor and 4 opposed (1 Representative who was a co-sponsor was absent from the hearing, resulting in a tie).  We need your help to get the bill out of committee in the House– will you contact the four legislators who voted against releasing the bill to urge them to let the full House of Representatives consider the bill?

Keep in mind…. public opinion does not support mandatory minimum sentencing.  A poll by StrategyOne shows “widespread support for ending mandatory minimum sentences for nonviolent offenses and that Americans will vote for candidates who feel the same way. ” 78% of Americans said that courts, not Congress, should determine an individual’s prison sentence.

Please send an email or make a phone call to the four legislators who are refusing to allow the bill out of committee - even if they are not your district representative.  If one of them does happen to be your district rep, please be sure to mention that.  Tell them you want the Legislature to consider HB 168. Ask them to release the bill from committee!

Representatives who voted against releasing the bill from the House Judiciary Committee are:

Representative Dennis P. Williams.
Democrat, 1st District, Wilmington
Office Telephone No. (302) 577-8476
Home Telephone No. (302) 764-1812
Email dennis.williams@state.de.us

Representative John “Larry” Mitchell.
Democrat, 13th District, Wilmington
Office Telephone No. (302) 577-8473
Home Telephone No. (302) 995-1803
Email john.L.mitchell@state.de.us

Representative William Carson.
Democrat, 28th District, Smyrna
Office Telephone No. (302) 744-4351
Home Telephone No. (302) 653-8642
Email william.carson@state.de.us

Representative Clifford “Biff” Lee.
Republican, 40th District, Laurel
Office Telephone No. (302) 744-4034
Home Telephone No. (302) 875-5119

Email biff.lee@state.de.us

SURJ’s bill that would repeal drug sentencing will be introduced in the Delaware House of Representatives shortly.  The bill’s prime sponsors are Representative Melanie George Marshall (D), Rep. Deborah Hudson (R), Senator Liane Sorenson (R), and Sen. Harris McDowell (D).  Five co-sponsors have also signed on (Rep. Greg Lavelle-R, Rep. Michael Ramone-R, Sen. Karen Peterson-D, Sen. Margaret Rose Henry-D, and Sen. Bruce Ennis-D).  We anticipate that several additional legislators will sign on as co-sponsors once the bill is distributed prior to introduction. The staff at SURJ is working hard to ensure that each legislator has information about the bill’s benefits and the urgent need for the repeal of these laws in Delaware. Once the bill is introduced, we will announce the bill number and will post instructions for contacting your legislator.

SURJ is closely watching the activity of New York’s legislature as the Senate now considers the bill that would repeal the state’s infamous Rockefeller Drug Laws.  Governor Paterson has voiced his unequivocal support for the repeal of these laws.  To read the New York General Assembly’s bill summary, click here. The New York Times reports that the Governor has reached a deal with legislative leaders to “dismantle much of what remains of the state’s strict 1970s-era drug laws, once among the toughest in the nation.”

The national data cited by New Yorkers as evidence for the effectiveness of substance abuse treatment and the ineffectiveness of mandatory minimum drug sentencing in reducing drug crime has also long been cited by SURJ.  For example, the National Institute on Drug Abuse (NIDA) has estimated that every $1 spent on drug treatment yields a $4-$7 cost savings associated with prevented drug crimes.  Additionally, a 1997 study by the Rand Corporation found that drug treatment was fifteen times more effective than mandatory minimum sentencing in reducing serious crimes by drug offenders.

The rationale for the repeal of these laws is the same in Delaware as it is in New York and in the 19 other states that have rolled back or repealed their mandatory minimum drug laws.  Put simply, these laws have not been effective in reducing drug crime, and the associated prison costs (around $34,000 per inmate annually in Delaware) have become too high for the state to shoulder. Delaware ranks second nationally for its rate of incarceration, outranked only by Louisiana.

Rather than basing drug sentences purely on the weight of the drugs found on a person, judges should be given the discretion to consider the totality of circumstances in each case, crafting a sentence that is appropriate for each offender.  Sentencing guidelines would still be in effect to guide our judges’ sentencing decisions, and Truth in Sentencing (which abolished parole in 1990) would ensure that offenders serve the tenure of their sentences. As non-violent drug offenders are diverted to community treatment or sentenced to shorter prison terms, prison beds will be made available for our state’s most violent offenders without the need to engage in multi-million dollar prison expansion projects.

In New York, Delaware, and around the nation, mandatory minimum drug sentencing is ineffective in reducing drug crime, is expensive to taxpayers, and is unjust to those receiving overly harsh drug sentences.

Check back soon for instructions on how to contact your legislator!