May 14, 2009
Dear Michigan FAMM supporter --
We have good news to report! On May 13, the Michigan House of Representatives House Judiciary Committee voted unanimously to report the FAMM reform package, House Bills 4918, 4919, 4920 and 4921, out of committee for consideration by the House of Representatives. The House vote is scheduled for Tuesday, May 19.
WE NEED YOUR HELP IMMEDIATELY!
Please call or email your state representative and ask him or her to support House Bills 4918, 4919, 4920 and 4921. Tell them that it is time to finish the reforms of Michigan's mandatory minimum drug laws that were signed into law by former Governor John Engler in 1998 and 2002. Make your calls and emails by Tuesday, May 19 at noon!
This package of bills - identical to those nearly passed last year - provide long overdue relief to individuals still serving very harsh mandatory minimum drug sentences for offenses committed before March 1, 2003 (the date previous drug sentencing reforms went into effect). They also clean up inconsistencies in the law and make needed technical changes. (To review the bills, go to www.michiganlegislature.org and put the bill numbers into the search engine.)
FAMM and a broad coalition of supporting organizations 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 are close to completing the reforms begun over 12 years ago.
Click here to use FAMM's Action Center to call your state representatives.
Click here to send an email to your state representatives.
Also, please take time to thank our bill sponsors (see below). They are working hard to make sure reform happens and we want them to know how much it means to FAMM members. You can find their contact information on FAMM's Action Center.
Explanation of the FAMM bill package
All of the bills address the issue of "pipeline" cases through technical changes that extend the reforms to individuals who were sentenced after March 1, 2003, sentenced after March 1, 2003 to mandatory minimum sentences. The Supreme Court has ruled that the "pipeline cases" are eligible for the early parole eligibility provisions of the 2002 reforms (PA 670), and these language changes conform to that decision.
HB 4920, sponsored by Rep. Bert Johnson (D-Detroit), affects individuals who are currently incarcerated. This is the most comprehensive 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) ONLY for purposes of parole eligibility - sentences do not change. Please check the bill for details.
- 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, for those sentences that are in a string of consecutive drug sentences.
- Provides parole eligibility at 17 ½ 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 4919, sponsored by Rep. Dan Scripps (D-Leland)
- Repeals the repeat drug offender law (this does not affect those whose offenses were committed prior to the effective date of the new law.)
HB 4918, 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 4921, sponsored by Rep. Eileen Kowall (R-White Lake)
- Allows prosecutors to charge individuals who commit repeat drug offenses as habitual felons under the same provisions used for other repeat offenses. (This would not affect those whose offenses occurred before the effective date of the new law.)
What happens next?
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, 2010, and action on the bills can happen at any time. However, the bills nearly passed last session they are now moving very quickly through the process. We will need everyone's active support to ensure that happens.
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 FAMM at 202 822-6700 from Mon. - Fri., 9 AM to 6 PM.
FAMM will keep you informed about movement of the bills through eAlerts, the FAMMGram, and our website, www.famm.org.
Sincerely,
Laura
Laura Sager
Remember: Call and email your own state representative and ask him or her to vote for these long overdue reforms by TUESDAY AT NOON!
Sentences that Fit. Justice that Works.