Vote Smart's Synopsis:

Vote to pass a bill that repeals mandatory minimum terms of parole ineligibility for nonviolent drug crimes.

Highlights:

• Authorizes the Administrative Director of the Courts to rescind the mandatory minimum period of parole ineligibility for inmates sentenced in accordance with (Sec 1):

• Crimes as the leader of a cargo theft network;

• Crimes involving theft from a cargo carrier;

• Shoplifting;

• Computer criminal activity;

• Wrongful access, disclosure of information;

• Crimes as the leader of narcotics trafficking network;

• Maintaining or operating a controlled dangerous substance production facility;

• Manufacturing, distributing, or dispensing a controlled dangerous substance or controlled substance;

• Employing a juvenile in a drug distribution scheme;

• Distribution on or within 1,000 feet of school property;

• Distribution to persons under the age of 18; and

• The mandatory term for repeat drug offenders.

• Authorizes the Administrative Director to resentence an inmate to a fixed minimum term of 50 percent of the sentence of incarceration, instead of the 85 percent fixed minimum term for second-degree robbery or burglary (Sec 1).

• Requires 30 days to pass to allow the state to identify affected inmates and to determine whether there is a basis to file an objection in any inmate’s case (Sec 1).

• Requires a prosecutor to obtain the approval of the Attorney General, who must notify the Department of Corrections of the inmate and inmate’s attorney, before filing an objection (Sec 1).

• Specifies that if an objection is presented and a hearing is held, the court must find evidence that rescinding the term of parole ineligibility would pose a significant risk to public safety in order to deny the retroactive modification of the judgment of conviction (Sec 1).

• Specifies that if retroactive modification is denied, the period of parole ineligibility may not exceed the length of the initial period of parole ineligibility (Sec 1).

Full Bill Text