Detroit News
Michigan must reform harsh drug sentences
By William G. Milliken / Special to The Detroit News (reprint)
Published ??
As governor, I signed a bill -- the so-called 650-lifer law -- that created mandatory minimum drug sentences that are among the harshest in the nation. I believed then it was the right response to an insidious and growing drug problem. I have since come to realize that the provisions of the law have led to terrible injustices and that signing it was a mistake -- an overly punishing and cruel response that gave no discretion to a sentencing judge, even for extenuating circumstances.
Under that law, people such as Karen Shook, a mother of three, are serving decades in prison. Police called Shook an "easy mark" for their sting operation because she was so heavily addicted at the time. Shook, whose crime involved introducing undercover officers to her supplier, was charged with both delivery and conspiracy to deliver cocaine. Each charge carried an automatic 10-year mandatory minimum sentence, to be served consecutively.
By the time she came to trial, Shook had successfully completed substance abuse treatment, assisted police and was so remorseful that the arresting officer urged the judge to impose a lower sentence. The judge tried to depart below the mandatory sentence, but the sentence was reversed on appeal to the 20-year mandatory minimum. Michigan residents will spend more a half million dollars to keep Karen Shook in prison while her children grow up without her. She has already been incarcerated for nine years.
While some reforms were made to the infamous 650-lifer law in 1998, most mandatory minimums remain in effect. Recently, discussion of drug law reform has focused on the merits of a far-reaching statewide ballot initiative. It has now been barred from the November ballot.
Too little attention has been given to an important package of bills sponsored by state Rep. Bill McConico, D-Detroit, that would give the Legislature and governor a chance to finally correct the mistakes made in 1978.
House Bills 5394 and 5395 repeal mandatory minimum drug sentences and replace with the sentencing guidelines. The guidelines, which are used for all other serious offenses, allow judges to consider a number of factors, including criminal history and the role the accused person played in the offense, when imposing sentences. Importantly, the bill retains tough penalties for the most serious and repeat offenses. The legislation would make current low-level drug offenders, such as Karen Shook, eligible for an earlier review by the parole board.
The Prosecuting Attorneys Association of Michigan, the Michigan Association of Drug Court Professionals and Families against Mandatory Minimums are among the organizations endorsing these carefully crafted bills, which have significant bipartisan support. This broad support echoes national polls that found a majority of citizens oppose mandatory minimum sentences for drug offenses.
At a time of looming state deficits and state officials grappling for ways to cut expenditures, taxpayers are being called upon to pay millions of dollars to warehouse nonviolent individuals who pose no threat to public safety.
This week, the House Criminal Justice Committee took testimony on the legislation, and it now awaits possible action after the election. I urge legislators to support this long-overdue reform.
William G. Milliken was governor of Michigan from 1969-82. Write letters to The Detroit News, 615 W. Lafayette, Detroit, MI 48226, or fax to (313) 222-6417 or e-mail to letters@detnews.com.