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| A good start on road to sentencing reform | |||||||||||
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The Mobile Register April 3, 2006 Legislation ok'd last week in the Legislature can help move Alabama closer to fair and honest sentencing of criminal offenders. The Alabama Sentencing Commission recommended the changes, and Gov. Bob Riley should sign them. Most important, the package of bills would establish voluntary sentencing standards that judges across the state would use to impose punishments. That's needed because existing law allows judges wide discretion that has led to unequal justice from county to county, with wildly different sentences sometimes being imposed for essentially the same offense. Additionally, the legislation would raise the felony threshold for > minor property crimes. Thefts would have to be valued at $500 or more before the crime would be considered a felony. Considering inflation over the years, that level seems more reasonable. Under existing law, property thefts valued at only $250 were classified as felonies. (However, repeat offenders will still be charged with a felony even if the stolen property is valued as low as $250.) This change in the property theft statute could make a dent in the state's crowded prisons. Alabama's prisons are holding twice as many prisoners as they were designed for, and the state needs to take several steps to lower the number of offenders sent to prison. Cutting out the petty property > crimes would be a good start. A third bill approved by the Legislature would crack down on drunken drivers who have prior convictions in other states for driving under the influence. Existing law doesn't allow prior drunken-driving convictions from out of state to be considered when punishing an offender. That's ludicrous. A repeat DUI offender arrested in Alabama today whose prior convictions occurred in Mississippi or Florida or any other state should not be charged as a first offender. The new legislation would plug this loophole in the law. These three bills go a long way toward bringing more fairness to Alabama's criminal justice system. But more work is needed. Easing penalties in some cases for nonviolent drug possession would seem reasonable. The Alabama Sentencing Commission has concluded that the state unnecessarily spends $4 million a year to lock up first- and second-time marijuana possession offenders who wouldn't get prison time in most other states. Focusing limited state resources on punishing the trafficking of illegal drugs, rather than on mere possession, seems more sensible. Reducing the prison population by easing penalties for drug possession and for minor property crimes would open prison beds for other sentencing reforms that would get tougher on certain kinds of > dangerous criminals. For example, the Sentencing Commission also is working on a plan to establish "truth-in-sentencing" in Alabama. Under the new legislation, the commission would have until 2009 to develop policies that would essentially abolish parole in Alabama. That makes sense. Once legislators provide fair sentencing, they should then provide honest sentencing. Sentencing offenders and then letting them out earlier erodes the system's credibility. Set fair punishments, then stick to them. |
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