I NEED TO GET THE WORD OUT
For many years drug crimes, have harmed neighborhoods
and destroyed citizens� sense of safety and well
being. To take back their neighborhoods, many
Minneapolis citizens have worked individually and in
community groups. Through citizens patrols, community
impact statements, court watches, partnerships with
law enforcement and other efforts, citizens have
regained some of the quality of life they desire for
themselves and the neighborhood children. They have
begun making the criminal justice system understand
that drug crimes, and all the destruction that
accompanies them, are not victimless crimes. Through
extensive and persistent efforts, citizens have made
progress in getting the system to hold drug offenders
more accountable for their activities. In many cases,
the courts have responded and removed the most severe
offenders from the community by incarceration. Now
this progress is threatened.
H.F. 1829 which is being heard on March 11, 2004 at 5
pm in the House Judiciary Finance and Policy Committee
would vastly reduce penalties for drug crimes. Among
other things, the bill would:
1. Increase the amount of cocaine that a person would
have to sell to be charged with a first-degree sale
from 10 grams to 50 grams. (Police estimates are that
50 grams have a retail street value of $10,000�based
on being made into crack)
2. Increase the amount of cocaine that a person would
have to possess to be charged with first degree
possession from 25 grams to 250 grams(Police estimates
are that 250 grams would have a street retail value of
$50,000�based on being made into crack)
3. Decrease the presumptive penalty for
methamphetamine manufacture from 86 months in prison
to 48 months;
4. Reduce penalties for sale in a park, school, public
housing zones or drug treatment facilities. Currently
if someone sells any amount of cocaine,
methamphetamine or heroin in one of these zones, it
would be a second-degree charge, calling for a
presumptive 48-month prison sentence. The bill would
make the penalty a probationary level offense.
5. Reduce penalties for using a minor to sell drugs,
or selling drugs to a minor, from second degree
carrying a 48 month prison sentence, to third degree,
which calls for probation.
6. Eliminate much of the court�s discretion in
handling low-level cases. As the bill is now written,
it seems to require either the defendant to go to
treatment or to prison. If literally enforced, this
provision has the potential for adding even more low
level people to prison with fewer rehabilitative
opportunities.
Part of the justification used for this legislation
comes from the Sentencing Guidelines Commission
Report, which stated that the Minnesota prison system
is filled with �non-violent� drug offenders. The
Report leaves the impression that many low level
addicts are sent to prison without the opportunity for
treatment; that these are non-violent individuals who
are taking up prison space better used for more
violent criminals.
A review of the report makes it clear that the large
increase in drug prison sentences in recent years
comes not from the metropolitan area, but from Greater
Minnesota which is now struggling with a burgeoning
methamphetamine problem. Much of the increase in
prison population comes from Greater Minnesota
commitments for first degree methamphetamine
possession, sale and manufacture as that part of the
State struggles with a serious, new problem
The report also indicates that there is a large
population of fifth degree drug (the lowest level)
offenders in prison. It is important to note however,
that the Minnesota Sentencing Guidelines provide
probationary sentences for such offenders unless they
have extremely long criminal histories (several past
felony offenses) or have failed at probation.
In Hennepin County Drug Court, for example, the
average disposition for a fifth degree drug offense is
diversion, which generally involves attendance at
treatment (if the evaluation recommends it) and
possibly attendance at some other rehabilitative
programming. Successful completion of diversion leaves
the individual with no criminal record whatsoever.
Likewise, in Hennepin County Drug Court, those who are
on probation for any drug offense are given multiple
opportunities at treatment and are only revoked to
prison if there is a long history of non-compliance.
The bill�s proponents argue that it would save dollars
at the State level from the Department of Corrections
budget. If the bill�s reduced penalties make Minnesota
a more lucrative market for drug entrepreneurs from
states with more severe penalties, if the bill�s
reduced penalties for sales in park, school and public
housing zones reduces the cost of doing business for
drug dealers, much of the fragile progress communities
have made will be lost. Dollars saved at the State
level may well be paid out by struggling urban
communities in particular.
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"Never doubt that a small group of thoughtful, committed citizens can change the
world. Indeed, it's the only thing that ever has." -- Margaret Mead
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