“State First in Nation to Allow Judges to Waive Mandatory Minimum Sentences in Drug-Free School Zones
“Advocates Call Vote the Dawn of a New Day in Drug Policy, Rolling Back Ineffective and Racially Unjust Laws
Drug Policy Alliance (www.drugpolicy.org): Trenton – “The New Jersey State Assembly today passed Assembly Bill 2762, a landmark bill that will restore judges’ discretion to waive mandatory minimum sentences for certain nonviolent drug offenses that take place in “drug-free zones,” within 1000 feet of schools or 500 feet of parks, libraries, museums or public housing projects. A companion bill, S1866, passed the New Jersey Senate on December 10 with bipartisan support, and the measure now goes to the desk of Gov. Jon S. Corzine for final approval. Gov. Corzine has said he will sign the bill into law.
“The reform of the state’s draconian drug-free zone law vaults New Jersey to the forefront of state sentencing reform, making New Jersey the first state in the nation to directly reform a drug-free zone law. Supporters of the measure called it a triumph for common sense and fiscal responsibility. It costs more than $46,000 a year to incarcerate someone in New Jersey, and the state’s Corrections budget has ballooned from $289 million to $1.2 billion over the last 20 years.
“Roseanne Scotti, director of the Drug Policy Alliance New Jersey, said the vote signals a new willingness on the part of elected officials at both the state and national level to reform failed sentencing and drug policies.
“’At one time, these types of mandatory minimum laws were considered untouchable,’ said Scotti. ‘But there is a growing public backlash against these failed policies and a growing willingness on the part of elected officials to address the mistakes of the past.’
Assembly Majority Leader Bonnie Watson Coleman (D-Mercer), prime sponsor of the bill, said the legislation will restore balance to the sentencing process.
“’This legislation strikes the right prosecutorial balance,’ said Watson Coleman. ‘Judges will once again be able to weigh all of the facts of a case against the sentence to be imposed.’
“At least 35 states and the federal government have drug-free zone laws on the books. Bills in several states, including Connecticut, have failed to gain enough support for passage, although a growing body of evidence has shown that the zones are ineffective, disproportionately impact communities of color, and are costly to taxpayers. Last year, the Pennsylvania Commission on Sentencing recommended the repeal of that state’s drug-free zone law.”
