Under the plan, judges would have the authority to send first-time nonviolent offenders in all but the most serious drug offenses — known as A-level drug felonies — to treatment. As a condition of being sent to treatment, offenders would have to plead guilty. If they did not successfully complete treatment, their case would go back before a judge, who would again have the option of imposing a prison sentence.
Currently, judges are bound by a sentencing structure that requires minimum sentences of one year for possessing small amounts of cocaine or heroin, for example. Under the agreement reached by the governor and lawmakers, a judge could order treatment for those offenders.
Judges would also have the option of sending some repeat drug offenders to treatment. Repeat offenders accused of more serious drug crimes, however, could only go to treatment if they were found to be drug-dependent in an evaluation.
The State Assembly has passed legislation of this nature every session for years, but finally, with a Democratic Senate, these laws that have treated first-time drug possession offenses as being as serious as, say, beating a child with a weapon, can be removed from the books at last. Remember that when people say it doesn't matter which party is in power.
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