Major Drug Sentencing Reform Bill Passed by CA Legislature, Heads to Governor’s Desk
Today, the
The bill passed the
"This was a huge effort, and great thanks to Senators Mitchell and Lara for leading on an issue that is incredibly important to low-income families most impacted by the war on drugs," said Eunisses Hernandez with the
Current law provides for a penalty of up to five years in jail or prison for sales of even the smallest amount of cocaine, heroin or methamphetamine. The enhancements add 3 years for each prior conviction, and according to data from the state sheriffs is a leading cause of sentences of over 10-years in county jail.
Public defenders, drug treatment providers, and racial justice advocates say that current law ensnares low-income and addicted people in overlong and unjust sentences. These penalties fall overwhelmingly on blacks and Latinos, although surveys show that whites use and sell drugs at rates equal to those groups.
The bill leaves base sentences intact, as well as other enhancements such as selling to a minor, or selling to an adult or minor within 1000 feet of a school.
"This sentencing enhancement has been on the books for 35 years and failed to reduce the availability or sales of drugs within our communities," said Hernandez. "These extreme and punitive polices of the war on drugs break up families and don't make our communities any safer."
Sentencing enhancements were meant to reduce the availability of drugs and deter drug selling, however like many drug war policies, they are a proven and costly failure. In addition to depleting state and county funds that could be spent on schools, health, and social services, sentencing enhancements are a major contributor to jail overcrowding. As of 2014, there were more than 1,500 people in
Although rates of drug use and sales are comparable across racial lines, people of color are far more likely to be stopped, searched, arrested, prosecuted, convicted, and incarcerated for drug law violations than are whites. The drug war has devastated families, low-income communities, and communities of color who are disproportionately incarcerated. If signed into law by
The RISE Act would free up taxpayer dollars for investment in community-based programs and services that improve public safety like mental health and substance use treatment. Advocates applaud the
This bill is co-sponsored by the
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