BILLS WOULD REDUCE DRUG SENTENCES

Engler Expected To Sign Them Into Law

LANSING -(AP)- Karen Shook was sentenced to at least 20 years in prison in
1993 for arranging a drug deal for a man she didn't know was an undercover
police officer.

Now 49, the former bank teller from Waterford could be paroled 10 years
early under legislation expected to be signed within the next week by
outgoing Gov. John Engler. The legislation eliminates mandatory minimum
sentences for drug crimes.

The state Department of Corrections said it doesn't know how many of
Michigan's 49,296 inmates would be eligible for parole when the bills take
effect March 1. But supporters of the legislation said it will help
alleviate the state's skyrocketing prison population.

Laurie Quick, Shook's sister, has advocated against mandatory minimum
sentences. Quick said her family didn't know about Michigan's sentencing
guidelines until Shook was arrested.

"We're just a typical middle-class family," she said. "We were just totally
blown away. It's been a nightmare. . . . She has seen murderers and other
convicted felons come and leave since she's been there. It's cruel."

While in prison, Shook has earned her associate's degree, paralegal
certificate and is working toward her bachelor's degree, Quick said.

Although the bills make some offenders eligible for parole earlier, a
decision about their release is ultimately up to the parole board. But drug
offenders have the highest rate of parole at 72 percent, said Russ Marlan,
Department of Corrections spokesman.

While the legislation requires judges to follow state sentencing guidelines
when sending drug criminals to prison, it gives judges more discretion by
eliminating minimum sentences.

"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 the current law, Michigan judges are allowed to deviate from the
mandatory minimum guidelines because of extraordinary circumstances. Despite
the limited flexibility, Eaton County District Judge Harvey Hoffman said
mandatory minimums restrict judges' discretion.

"There are the classic predators, who do it for a profit, and there are the
mules that are selling to help their own addiction," said Hoffman, president
of the Michigan Association of Drug Court Professionals.

But mandatory minimums force judges to treat all those before them as
predators, Hoffman said.

Now, for example, someone possessing 50 to 224 grams of narcotics or cocaine
in Michigan must be sentenced to at least 10 years and up to 20 years in
prison. The bills would allow the judge to sentence an offender for any time
up to 20 years.

But Marlan said many judges don't rely on mandatory minimums because most
drug sentences involve a plea agreement. For example, a person arrested with
250 grams of cocaine may plead to a lesser charge of possessing 50 grams and
a judge will sentence the person based on that.

Although critics of Michigan's mandatory minimum sentencing guidelines have
spent years pushing for their end, some say the state's cash-strapped budget
ultimately led to their elimination.

The state spends about $1.4 billion a year on its prison population, or an
average $28,000 for each inmate a year, Marlan said.