Bill Text: HI SB81 | 2010 | Regular Session | Introduced

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Bill Title: Sentencing; Methamphetamine Trafficking in the Second Degree

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB81 Detail]

Download: Hawaii-2010-SB81-Introduced.html

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Report Title:

Sentencing; Methamphetamine Trafficking in the Second Degree

 

Description:

Clarifies sentencing requirements for the offense of methamphetamine trafficking in the second degree.

 

THE SENATE	S.B. NO.	81
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO SENTENCING.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The prison population in Hawaii has increased exponentially with the enactment of mandatory sentences for drug offenses.  The results of a 2008 poll released by Families Against Mandatory Minimums shows widespread support for ending mandatory minimum sentences for nonviolent offenses.  Seventy‑eight per cent of Americans or nearly eight Americans in ten agree that courts, not Congress, should determine an individual's prison sentence.  Six in ten Americans or fifty‑nine per cent oppose mandatory minimum sentences for nonviolent offenders.  Fifty-seven per cent of Americans polled would likely vote for a candidate for Congress who would eliminate all mandatory minimum sentencing for nonviolent crimes.  Based upon the poll, Families Against Mandatory Minimums concludes that mandatory minimum sentences have not discouraged drug use, have not reduced drug trafficking, have created soaring state and federal corrections costs, impose substantial indirect costs on families by imprisoning spouses, parents, and breadwinners for lengthy periods of time; are not applied evenly, thus disproportionately impacting minorities and resulting in vastly different sentences for equally blameworthy offenders, and usurp judicial discretion.

     The current sentencing system in Hawaii has an impact on native Hawaiians and Pacific islanders, who are incarcerated at a disproportionate rate to their percentage of the population.  Mandatory minimum sentences imposed upon nonviolent offenders are helping to fuel the racial disparities in Hawaii's prison population.  Mandatory minimum sentences have also fueled a dramatic increase in the incarceration of women.

     The American Bar Association Justice Kennedy Commission, in a 2003 Report to the House of Delegates, recommended, among other things, that:

     (1)  Lengthy periods of incarceration should be reserved for offenders who pose the greatest danger to the community and who commit the most serious offenses;

     (2)  Alternatives to incarceration should be provided when offenders pose minimum risk to the community and appear likely to benefit from rehabilitation efforts; and

     (3)  Mandatory minimum sentencing statutes should be repealed.

     The legislature believes that a better, more cost-effective "alternative sentencing" approach would be to treat nonviolent offenses in the same manner as other serious felonies, meaning that sentences would be determined by a judge with access to the offender's criminal record and knowledge of the circumstances involved in the offense.

     Clearly, some offenders will reenter the prison system upon release despite the best intentions of state agencies, law enforcement, nonprofit service providers, faith based initiatives, and the offenders themselves.  However, the "alternative sentencing" approach will at least provide judges with the authority to use discretion when sentencing offenders.  Additionally, "alternative sentencing" will make available an array of programs, strategies, and tactics to help offenders become successful members of society.

     Alternative sentencing also reduces the cost of corrections.  Diverting individuals away from prison saves money and in many cases provides a better solution for offenders and society by providing the best methods for successfully reintegrating offenders back into society.

     The legislature finds that mandatory minimum sentencing for the conviction of methamphetamine trafficking in the second degree (distribution), a class B felony, does not serve any rehabilitative purpose, which should be the purpose of sentencing for any drug offense.

     The purpose of this Act is to clarify the sentencing provisions, including mandatory minimum terms, for the offense of methamphetamine trafficking in the second degree.

     SECTION 2.  Section 712-1240.8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§712-1240.8[]]  Methamphetamine trafficking in the second degree.  (1)  A person commits the offense of methamphetamine trafficking in the second degree if the person knowingly distributes methamphetamine in any amount.

     (2)  Methamphetamine trafficking in the second degree is a class B felony for which the defendant [shall] may be sentenced as provided in subsection (3).

     (3)  Notwithstanding sections 706-620, 706-640, 706-641, 706‑660, 706-669, and any other law to the contrary, a person convicted of methamphetamine trafficking in the second degree [shall] may be sentenced to an indeterminate term of imprisonment of ten years with a mandatory minimum term of imprisonment of not less than one year and not greater than [four] three years and a fine not to exceed $10,000,000; provided that:

    (a)   If the person has one prior conviction for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than [three] two years[, four months] and not greater than [six years, eight months;] four years;

    (b)   If the person has two prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be not less than [six years, eight months] four years and not greater than [ten] seven years; or

    (c)   If the person has three or more prior convictions for methamphetamine trafficking pursuant to this section or section 712-1240.7, the mandatory minimum term of imprisonment shall be [ten] eight years."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2009.

 

INTRODUCED BY:	_____________________________