New California law to end mandatory minimum terms for many non-violent drug offenses

Ironically, I have been so busy this week with this on-going conference about drug sentencing, I am just now getting a chance to blog about the drug sentencing news from California discussed in this local article headlined “Gov. Newsom Signs Bill Ending Mandatory Minimum Sentences For Many Non-Violent Drug Crimes.” Here are details:

Governor Gavin Newsom signed into law a bill that ends mandatory minimum sentences for non-violent drug crimes on Tuesday, giving judges more individual discretion on punishing criminals.

Senate Bill 73, authored by Senator Scott Wiener (D-San Francisco), ends the prohibition against probation and suspended sentencing for drug crimes, including possessing more than 14.25 grams of illegal drugs, agreeing to sell or transport opiates or opium derivatives, planting or cultivating peyote, some forging or altering prescription crimes, and other similar non-violent drug-related crimes.

According to SB 73, the bill would not end the ability of judges to administer mandatory minimum length jail sentences. It would also not end laws that require jail time for many other drug offenses or remove probation ineligibility for those who had previously committed drug felonies.

Senator Wiener wrote the bill earlier this year to better address drug addiction treatment and to stop mass non-violent crime imprisonments. “Our prisons and jails are filled with people, particularly from communities of color, who have committed low-level, nonviolent drug offenses and who would be much better served by non-carceral options like probation, rehabilitation and treatment,” Wiener said in a statement on Tuesday. “It’s an important measure that will help end California’s system of mass incarceration.”…

However, law enforcement groups reiterated on Tuesday and Wednesday that the removal of mandatory minimums would lead to side effects such as an increase of drug use, a rise in drug sales, and a rise in drug-related crimes.  “SB 73 sets a dangerous precedent and would jeopardize the health and safety of the communities we are sworn to protect,” said the California Police Chiefs Association in response to the signing.

from RSSMix.com Mix ID 8247011 https://sentencing.typepad.com/sentencing_law_and_policy/2021/10/new-california-law-to-end-mandatory-minimum-terms-for-many-non-violent-drug-offenses.html

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