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News (Media Awareness Project) - US MI: Michigan To Drop Minimum Sentence Rules For Drug Crimes
Title:US MI: Michigan To Drop Minimum Sentence Rules For Drug Crimes
Published On:2002-12-26
Source:New York Times (NY)
Fetched On:2008-01-21 16:01:39
MICHIGAN TO DROP MINIMUM SENTENCE RULES FOR DRUG CRIMES

LANSING, Mich., Dec. 25 (AP) - Karen Shook was sentenced to 20 years in
prison in 1993 for arranging a drug deal for a man who turned out to be an
undercover police officer. But Ms. Shook, a former bank teller, could be
paroled 10 years early under legislation expected to be signed by the
governor in the next week to eliminate mandatory minimum sentences for drug
crimes.

Michigan is one of several states revising mandatory minimum sentences.
Connecticut, Indiana, Iowa, Kansas, Louisiana, Missouri, New Jersey and
North Carolina are also considering eliminating such rules, said Laura
Sager, executive director of Families Against Mandatory Minimums, a
Washington group.

Michigan Department of Corrections officials do not know how many of the
state's 49,296 inmates could be eligible for parole under the legislation,
which would take effect March 1. But supporters of the legislation said the
state's skyrocketing prison population made the law necessary.

Critics of Michigan's mandatory minimum sentencing guidelines have pushed
for changes for years, but economic difficulties may ultimately have led to
their elimination.

The state, facing a $1.5 billion general fund deficit in the coming fiscal
year, spends about $1.4 billion a year on its prison population, or an
average of $28,000 for each inmate, said Russ Marlan, a spokesman for the
Department of Corrections.

This month, as the Legislature struggled with the state budget, it approved
eliminating mandatory sentences. The departing governor, John Engler, a
Republican, supports the move.

Laurie Quick, Ms. Shook's sister, said her family did not know about the
state's strict sentencing guidelines until Ms. Shook, now 49, was arrested.

"It's been a nightmare," Ms. Quick said. "She has seen murderers and other
convicted felons come and leave since she's been there. It's cruel."

Although the Michigan legislation would make some offenders eligible for
early parole, a decision about their release is ultimately up to the parole
board. Drug offenders have the highest rate of parole, at 72 percent, Mr.
Marlan said.

Nearly 62 percent of other nonviolent offenders receive parole when they
are first eligible, followed by violent offenders at 40 percent and sex
offenders at 15 percent, he said.

The legislation requires judges to follow state guidelines when sentencing
criminals to prison. But eliminating mandatory minimums will give them much
more discretion.

"The time had come to make the change," said David Morse, the Livingston
County prosecutor. "The idea of stiff severe penalties for drug kingpins
was a problem because we weren't getting those kingpins. We were getting
people who were carrying on behalf of kingpins."

Under current law, Michigan judges are allowed to deviate from the
mandatory minimum guidelines only in extraordinary circumstances.

Now, the law requires a sentence of at least 10 years and up to 20 years in
prison for a person convicted of possessing 50 to 224 grams of narcotics or
cocaine. The legislation would allow the judge to impose any sentence up to
20 years.
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