LAWMAKERS PROPOSE CHANGES IN DRUG SENTENCING

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. Van Sant, D- Woodcrest,
and Sen. Liane Sorenson, R-Hockessin, on the bill. Van Sant 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
nonprofit 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.