Reforming Sentencing for Retail Drug Dealing Offenses Representative Will Brownsberger, June 2008

June 3, 2008Representative Will Brownsberger2 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, 2008Representative Will Brownsberger3 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, 2008Representative Will Brownsberger4 Most retail cases occur in school or park zones – study of 1998 data: Fall River, 84% New Bedford, 79% Springfield, 79% Corroborating data –Boston and other locations -- anecdotal –New Jersey Sentencing Commission

June 3, 2008Representative Will Brownsberger5 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, 2008Representative Will Brownsberger6 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, 2008Representative Will Brownsberger7 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, 2008Representative Will Brownsberger8 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