May 20, 2009
Dear Michigan FAMM supporter --
On May 19, the Michigan House of Representatives voted overwhelmingly to pass the FAMM reform package, House Bills 4918, 4919, 4920 and 4921. Bills 4918, 4920, and 4921 all passed with a unanimous 109-0 vote. House Bill 4919, passed by a 107-2 margin. This bipartisan support sends a clear message to the Michigan Senate that it should strongly consider this legislation.
Thanks to all of you who through your emails and phone calls helped make this a reality! Our profound thanks also to lobbyist Noah Smith, who has worked very hard to ensure broad-based support for the FAMM reforms.
Please take time to thank your representatives for supporting these bills (see below). You can find their contact information in FAMM's Action Center or, if you need assistance, by calling FAMM at (202) 822-6700.
Explanation of the FAMM bills
HB 4918, 4919, 4920, and 4921 - identical to the bills that 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, one at a time.)
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?
The bills now move to the Senate, where they will need to be considered by the Senate Judiciary Committee. We do not know when the Senate Judiciary Committee will hold hearings on these bills, but we will let you know as soon as we find out.
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
Sentences that Fit. Justice that Works.