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- From: remartin@blue.weeg.uiowa.edu (R. Martin)
- Newsgroups: alt.hemp,alt.drugs
- Subject: Mandatory Minimum Article
- Date: 25 Feb 1995 23:19:21 -0600
- Message-ID: <3ip30p$31lc@blue.weeg.uiowa.edu>
-
- Please write to Tom Schoenberg and thank him for an informed
- and accurate article about mandatory-minimum sentences. We
- need to support those who support us.
-
- Tom Schoenberg
- Daily Iowan
- 111 Communications Center
- Iowa City, IA 52242
-
-
- Prison System Clogged By Mandatory Terms
- By: Tom Schoenberg
- The Daily Iowan
- Friday, February 24, 1995
-
- Mandatory minimum jail sentences were intended to sweep
- the streets clean of drugs by eliminating parole for drug
- dealers. Instead, the sentences have led to the jailing of
- first-time offenders and the premature release of high-risk
- criminals.
- Violent criminals - including rapists and armed robbers
- - are back on the streets because Iowa prisons have become
- alarmingly overcrowded due to mandatory-minimum sentences,
- which keep low-risk drug offenders in jail and exempt them
- from parole, said one warden.
- "If we keep lower-risk people in the system, then more
- higher-risk offenders will be released, which actually
- decreases public safety," said Larry Hardy, executive warden
- of the Iowa Medical and Classification Center at Oakdale.
- Mandatory-minimum sentences are determined by the crime
- instead of a judge. For example, a person convicted in Iowa
- of a felony drug charge is not eligible for parole until
- they serve one-third of their sentence.
- When determining which offenders to release early, the
- Iowa Board of Parole uses a risk-assessment model which
- examines an inmate's criminal history, psychological
- evaluation and their behavior while in jail to decide
- whether they are low-, moderate-, or high-risk offenders.
- Inmates requesting parole are assigned a risk-
- assessment number based on their evaluation - one being the
- lowest risk and nine being the highest risk.
- "Even if an offender is well-behaved in prison and has
- a low-risk score, he/she cannot be released until the
- mandatory (sentence) has expired if they were convicted of
- one of the offenses," Hardy said. "On the other hand,
- offenders without mandatories may be released earlier - even
- if they have a higher-risk score - and in fact often are
- because of the population pressures which force the parole
- board to release large numbers of inmates each month."
- In July, August and September, Hardy recorded 144 early
- releases of high-risk criminals. Some of the released
- inmates were serving time for sex abuse, incest, arson,
- burglary, and weapons offenses.
- Of the 144 high-risk criminals Hardy paroled between
- July and September, Hardy said all had been assigned a risk
- rating of eight or nine.
- Despite the release of so many high-risk inmates, Hardy
- said 202 low-risk offenders remained in prison because of
- mandatory-minimum sentences.
- During the Reagan years when the "war on drugs" became
- one of the nation's top priorities, mandatory-minimum
- sentences answered the American public's outcry for tougher
- penalties for drug dealers.
- The sentences were first addressed at the federal level
- with the Crime Control Act of 1984. Now, nearly every state
- - including Iowa - has adopted a version of mandatory-
- minimum sentences, especially for drug offenders.
- Iowa's prison system is presently designed to house
- 3603 inmates, but the influx of jailed criminals has swelled
- the system to 5400 inmates - 50 percent above capacity.
- As drug offenders flood Iowa's prison system, the
- state's parole board has been forced to release other
- inmates to clear room for convicted drug dealers and users.
- On November 17, Hardy testified before Iowa's
- Sentencing Study Committee and released the information
- documenting the 144 high-risk offenders who had been
- released.
- "The committee voted unanimously to end mandatory
- minimums on drug offenders in Iowa," he said.
- "However, nothing will happen with the report until
- some legislator turns it into a bill and brings it to a
- debate."
- Members of the Iowa Judiciary Committee said they are
- familiar with the negative effects of mandatory-minimum
- sentences for drug offenders. But they said lengthy debates
- over issues like the death penalty have prevented them from
- discussing the sentencing.
- "I do believe in mandatory-minimums," Rep. Jeff
- Lamberti, R-Andeny, said. "I just think you have to be
- careful where you apply them. A lot of drug offenders can
- be appropriately dealt with through alternative matters and
- not at the expense of releasing other violent offenders."
- The problem with mandatory-minimum sentences is that
- the courts don't consider a person's criminal history when
- sentencing, Hardy said.
- "The crime of conviction is not adequate for
- identifying early release candidates," he said. "The fact
- is that future threat to the community lies more in the
- personality and pathology of the offender than in the crime
- of conviction."
- The judiciary Committee has been considering
- alternative measures which would keep violent criminals in
- prison, said Rep. Charles Hurley, R-Fayette, chairman of the
- Judiciary Committee.
- "We've been working on a bill which would prevent
- repeat violent offenders from being paroled every month,"
- Hurley said. "We're also looking into building more prison
- space and the revamping of mandatory-minimum sentencing."
- However, Rep. Don Schultz, D-Waterloo, said mandatory-
- minimum sentences are an ineffective punishment for drug
- offenders.
- "It is a problem, and I know society wants to stop the
- trafficking of drugs. But I must admit, we have been
- unsuccessful at doing so, and I don't think mandatory
- minimums help either," Schultz siad. "The move is to be
- harsher and pretend we've done something, but I don't think
- it's supported by looking at the results."
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