Transcript Reforming Sentencing for Retail Drug Dealing Offenses

Reforming Sentencing for
Retail Drug Dealing Offenses
Representative Will Brownsberger, June 2008
Retail Drug Dealing
• Distribution or possession with intent to
distribute
• Quantities below 14 gram thresholds for
trafficking mandatories under Section 32E
• Variables affecting sentencing exposure
– Drug class
– Place (school zone – the usual case)
– Buyer (sales to minors – very rare)
June 3, 2008
Representative Will Brownsberger
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Issues in Retail Sentencing
• Failure to effectively protect schools –
zone so large that all areas school zones
• Excessive incarceration in some instances
due to mandatories
• Uncertainty that encourages risk-taking by
defendants
– Uncertainty of applicable law (school zone)
– High but unknown probability of plea bargain
June 3, 2008
Representative Will Brownsberger
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Most retail cases occur in school or
park zones – study of 1998 data:
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Fall River, 84%
New Bedford, 79%
Springfield, 79%
Corroborating data
– Boston and other locations -- anecdotal
– New Jersey Sentencing Commission
June 3, 2008
Representative Will Brownsberger
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Usual Retail Sentencing Exposure
• School zone (County HOC) – two years
• Second offense (State DOC)– five years
• History: Shift of incarceration burden from
DOC to HOC after passage of school zone
June 3, 2008
Representative Will Brownsberger
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Proposed retail reform
• Consistent 6/18 month (first/second) for
heroin and cocaine
• Consistent 3/12 month (first/second for
Class C – relatively rare)
• Elimination of mandatories for marijuana
• Zone enhancement only within 100 feet of
schools (roughly 10% of cases)
June 3, 2008
Representative Will Brownsberger
6
Pre-trial detention for
dangerousness
• Currently available for second offense
retail, but not first
• Expand availability to first offense
• Detention combined with reduced
exposure will result in higher plea rate
– Benefits defendants
• Early warning
• Fewer big sentences
– Steamlines system
June 3, 2008
Representative Will Brownsberger
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Possible Amendments to 1336
• Eliminate five year upgrade for remaining
school zones
• Change section 10 language (amendment
to s.32H) to allow parole eligibility (but not
suspension)8
• Limit or define standards for retail pre-trial
detention under dangerousness
– Class A and B only
– Pattern of dealing on more than one day
June 3, 2008
Representative Will Brownsberger
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