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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repeal of these laws is the same in Delaware as it is in New York and in the 19 other states that have rolled back or repealed their mandatory minimum drug laws.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!