General Assembly Passes Legislation to Reduce Mandatory Sentencing

Governor Markell issued the following statement applauding the General Assembly's passage of legislation ending mandatory life sentences for drug offenders.

Senate Bill 163 was approved by the Senate by a 15-6 vote, and today, the House voted to pass the legislation by a 29-11 vote. The bill, which is in line with a proposal from the Governor's State of the State address, is part of an effort to reducing the prison population, which has fallen 18 percent since 2013, so the criminal justice system can best focus on dangerous offenders.

"Today, the General Assembly restored discretion in sentencing by ending mandatory life sentences for certain drug offenses and allowing for sentences to be shortened on a case-by-case basis." Governor Markell said. "I thank Attorney General Denn and Senator Peterson for their leadership on this issue and applaud the legislators who have acknowledged that people should not be serving life sentences when they haven't committed crimes of violence. Dangerous offenders should remain locked up, but those who no longer pose a threat should return to the community and be given the opportunity to contribute rather than sitting in prison at great cost to taxpayers."

As the Governor noted in his State of the State, criminal behavior peaks when defendants are in their early 20s and releasing even one long-term inmate who no longer poses a threat to public safety would free up as much bed space as releasing dozens of short term detainees.

This legislation would build on substantial progress the state has made in focusing criminal justice resources on the best ways to keep people safe and addressing recidivism, while reducing the prison population.

SB 163 makes changes to the existing habitual criminal statute by focusing penalties on violent crimes against persons and property, eliminating a mandatory minimum sentence of life imprisonment that can currently be imposed solely for drug crimes, and providing a mechanism for those convicted under existing law to petition the court for a sentence modification.

This Act provides for enhanced penalties for habitual criminals convicted of multiple felonies and distinguishes between violent crimes against persons and property and other felonies.

The bill provides an opportunity for those who were convicted under the existing law to petition for a sentence modification once the person has served any applicable minimum mandatory sentence. Such petitions for sentence modifications will be subject to procedures set forth in the statute and to court rules.

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