Tell Gov. O'Malley Not to Flip Flop on the Drug Sentencing Bill

Gov. O'Malley is flip-flopping and may veto an important Maryland drug sentencing reform bill, HB 992, that the General Assembly has passed and which he said he would sign. Help is needed from all enlightened Marylanders to get the bill signed.

Sample Letter for Campaign

Subject: Don't Flip Flop on HB 992 -- Sign This No-Brainer Legislation

Dear [ Decision Maker ] ,

I was perturbed and disappointed to read that after first expressing support for HB 992, a modest but important sentencing reform bill passed by both chambers of the Maryland General Assembly, you are now considering a veto.

I urge you strongly not to flip-flop on this bill. Mandatory minimum sentencing is a great injustice, and from the cost and effectiveness standpoints make for extraordinarily poor public policy, especially for nonviolent drug offenses -- yes, drug offenses ARE nonviolent, unless they are specifically accompanied by violence, a charge which can itself be proven or rejected in court.

Please stop playing politics with people's lives -- sign HB 992 and begin the long-delayed process of sentencing reform that Maryland so desperately needs.

Sincerely,

Campaign Launched:
May 08, 2007

Background Information

Last month a modest but important sentencing reform bill -- HB 992, which restores parole eligibility for second-time drug offenders -- was passed by both chambers of the Maryland General Assembly. At the time we anticipated based on Gov. O'Malley's past comments that he would sign the bill with no trouble. Unfortunately, O'Malley has flip-flopped and is now playing the drug warrior and is saying he may veto HB 922 -- the first veto being talked about this session. Read the Washington Post story about this here.

Please call O'Malley's office and demand that he stop playing politics with people's lives and sign HB 992. Mandatory minimums are a terrible injustice and are costly and ineffective public policy -- HB 922 is simply a no-brainer. CALL (800) 811-8336, OR FAX O'MALLEY A LETTER AT (410) 974-3275. (The address to use on your letterhead if writing is: The Honorable Martin O'Malley, State House, Annapolis, Maryland 21401-1925 -- be sure to use fax, though, there isn't enough time to rely on the US mail.) PLEASE FORWARD THIS ALERT TO YOUR FRIENDS IN MARYLAND TOO!!!

Following is some background information on HB 992, from Jason Zeidenberg at the Justice Policy Institute:

When enacted, HB 992 would operate as follows:

HB 992 does not apply to violent offenders. HB 992 does not apply to third or fourth time offenders. HB 992 does not apply to volume dealers or drug kingpins.
A defendant is convicted of possession of intent to distribute a controlled dangerous substance or distribution of a controlled dangerous substance. The defendant is a second-time offender and is subject to a 10-year mandatory sentence.
At sentencing, the judge will have available a presentence investigation report (PSI), prepared by Parole and Probation, that details the defendant's complete criminal history (arrests, convictions, warrants, etc.), family history, drug addiction and treatment (or lack thereof) history, and a recommended sentence range based on the defendant's offender score and offense. The judge will hear from defense counsel and the state's attorney concerning a sentence.
The defendant will be sentenced to 10 years of incarceration. If the defendant is not also guilty of a violent offense, the judge, after a full appraisal of the defendant and listening to argument and recommendations of the state's attorney and defense counsel, MAY sentence to 10 years with the POSSIBILITY of parole.
The defendant is confined within the Department of Corrections and waits a minimum of two and a half years for a parole hearing.
The parole commission then determines, based on the defendant's updated presentence investigation report (PSI), offense, offender score, impact statements, a letter from the state's attorney that originally prosecuted the case, and the defendant's "base file" -- i.e., complete institutional record prepared by a case manager detailing tickets, classes, work history, etc., and whether the inmate has an exit plan -- i.e. a job and place to live -- whether to parole the inmate.
If the inmate is paroled (which is unlikely on the first attempt) and complies with the conditions of his or her parole, the state saves approximately $100,000 and public safety is not impacted.
If the inmate is paroled (again, unlikely on the first attempt), the inmate is subject to supervised probation and, if the inmate fails to comply with his or her parole conditions, faces serving the entire balance of the 10-year sentence.

While HB 992 by no means does all we would want, it is a beginning, and it is about time that Maryland begin to roll back its horrendous drug sentencing regime. I hope you will take action -- thanks for helping us help Maryland's nonviolent drug offenders this year.

StoptheDrugWar.org