A Step in the Right Direction

This week the Senate took an important step towards making it easier for people who have gotten in trouble to get out of trouble and get back to work. We voted unanimously to repeal provisions of state law that automatically suspend the driver’s licenses of people convicted of drug offenses and require them to pay reinstatement fees of $500 or more.

Mandatory Sentences Disproportionately Impact Minorities.

Illegal drug use spreads through all racial and ethnic groups and whites are the group most commonly convicted of possession (70.9% in Fiscal 2013). The racial disproportionality at the mandatory minimum level is therefore troubling, especially because of the unique role of prosecutorial discretion in bringing and enforcing mandatory minimum charges.

The average sentence impact of repealing mandatories is likely to be modest.

In testimony before the Judiciary Committee in on June 9, 2015, witnesses offered differing predictions of the likely impact of repealing mandatories. We are left with irreducible uncertainty as to the expected change in sentence levels. It seems certain that some particular cases will be resolved differently, but hard to imagine that average sentence levels will completely collapse.