5/16/08
Michigan House of Representatives overwhelmingly passes sentencing reform bills
We have good news to report! On May 15, the Michigan House of Representatives overwhelmingly passed HB 5329, 5830, 5831 and 6015. These bills would help some people who are serving very harsh mandatory minimum drug sentences for offenses committed before March 1, 2003 (the date previous sentencing reforms went into effect).
Families Against Mandatory Minimums (FAMM) and other advocates and groups have been working since 2003 to expand upon the ground-breaking sentencing reforms that made Michigan a national leader in “smart on crime” sentencing policies. Thanks to the unflagging support of FAMM members, we’ve cleared another hurdle in the legislative process that leads to fairer sentencing laws.
In other heartening news, Governor Jennifer Granholm commuted the mandatory sentences of two FAMM members last week, Sally Smith and Ronald Seegar. To read more about Sally Smith, a long-time FAMM member, click here.
Next steps
Now FAMM’s legislative work moves to the Senate, where we will work hard to keep these reforms moving through the legislative process. FAMM will keep you informed about movement of the bills through ealerts, the FAMMGram, and our website, www.famm.org.
Please take time to also thank your Michigan representative for supporting smart and fair sentencing laws!
Explanation of the bills passed on May 15:
HB 5829, sponsored by Rep. Bert Johnson (D-Detroit), affects individuals who are currently incarcerated. This is the main bill in the package. It includes language that:
- Expands the 2003 early parole eligibility provisions for some individuals who are serving consecutive drug sentences for offenses that occurred before March 1, 2003. Sentences for conspiracy and for some substantive offenses committed before March 1, 2003, will be treated as concurrent (served together rather than one after another) for purposes of parole eligibility only (sentences do not change). Please check the bill for details and call Tom Burkert (information below) with questions.
- Makes individuals serving life without parole for second drug offenses eligible for parole after serving 15 years.
- Provides parole eligibility at half of the minimum sentence for each under-50 gram offense committed before March 1, 2003, that is in a string of consecutive drug sentences.
- Provides parole eligibility at 17.5 years for individuals who committed over-650 gram offenses prior to March 1, 2003, and were sentenced to a term of years.
- Provides earlier parole eligibility to some "650 lifers" with a prior low-level drug offense.
HB 5830, sponsored by Rep. Mark Meadows (D-East Lansing):
- Repeals the repeat drug offender law (this does not effect those whose offenses were committed prior to the effective date of the new law.)
HB 5831, sponsored by Rep. Rick Jones (R-Grand Ledge):
- Makes technical changes to the criminal code to make the probation language consistent with the 2003 reforms.
HB 6015, sponsored by Rep. John Stakoe (R-Highland Township):
- Allows prosecutors to charge individuals who commit repeat drug offenses as habitual felons under the same provisions used for other repeat offenses. (This does not affect those whose offenses occurred before the effective date of the new law.)
PLEASE NOTE: These bills may change in the legislative process. We do not know how long it will take to finally win these reforms – the session ends on December 31, 2008, and action on the bills can happen at any time. We will need everyone's active support to ensure that the bills continue through this process.
Remember – under the proposed reforms affecting individuals serving mandatory minimum drug sentences for offenses committed prior to March 1, 2003, the parole board will determine in each individual case the appropriate time for parole – just as they do now. These proposals do not change sentences, as that would be unconstitutional.
You can find copies of the bills at www.michiganlegislature.org. If you need instructions finding the bills on the website, or would like a copy of the bills mailed to you or have questions, please contact Tom Burkert at tomburkert@famm.org or (517) 487-1261, Mon. – Fri., 9 AM to 5:30 PM. Tom can help you understand the bills, determine what to say in your call, and identify your own legislator. Please leave a message with your name and phone number, if you do not reach him immediately and he will call you back.
Thanks again for your support! Please stay involved and look for more information from FAMM in the near future.
Sincerely yours,
The Michigan FAMM Team