BEDFORD — Gov. Mike Pence is looking at legislation that could mean harsher sentences for repeat drug offenders.
House Bill 1235, co-authored by Eric Koch, R-Bedford, already passed through the House and the Senate, and if signed by Pence, it will become effective July 1.
The bill states if a person is convicted of a Level 2 or 3 felony drug offense that involves dealing, manufacturing or delivering cocaine, methamphetamine or a narcotic substance and has a prior conviction (from the same county or elsewhere), then that person must serve the minimum sentence specified for the level of offense that person committed. The bill also includes those who finance the dealing, manufacturing or delivering of those drugs.
"The drug problem is multi-faceted and requires several different approaches, including treatment," Koch said in a prepared statement. "But removing from society those who profit from the drug trade is appropriate to ensure the safety and security of our communities."
However, Judge Michel Robbins of Lawrence Superior Court I doesn't think the bill will help with the drug problem in Lawrence County.
"We've been putting non-violent offenders in jail and prison since the ill conceived 'war on drugs' came in to the public lexicon," Robbins wrote in an email. "What we've got is almost 25 percent of the world's prison population, and not quite 5 percent of the world's population. And what has that gotten us? An epidemic of drug addiction."
"(The bill) creates an important tool to help law enforcement hold repeat drug dealers accountable," Powell said. "It focuses on the highest level drug dealing offense and makes the minimum penalty non-suspendible for serious felony drug dealings if the offender has a prior conviction.
"Under current law, the entire sentence for the most serious drug felony offenses, including minimum sentences, can be suspended."
Robbins insists stricter legislation is not going to help.
"The history and resulting statistics are clear: We are not only losing the 'war on drugs,' we've already lost it," Robbins said. "And how do we address that? Proposing more stringent legislation, so that someone running for office can declare they're 'tough on crime.'
"What we need is less offensive legislation, and more concern for addressing the epidemic."
Judge William Sleva, who operates the county's drug court program in Lawrence Superior Court II, declined to comment about the specific bill. However, he, too, believes treatment is more beneficial than incarceration.
"What I do think would be more beneficial for our drug problem is more funding for in-patient treatment, which we are sorely lacking in the state," Sleva said.
He often advises the participants in Drug Court to seek in-patient rehabilitation, but the waiting lists are long. It's hard for them to be accepted because he facilities don't have the resources or space to accept everyone.
"I can only do so much with this Drug Court that I have. And there's also an alcohol problem. Whether this bill would help, I don't know. ... I do know we need in-patient treatment. The ones I do work with who are in in-patient treatment are doing very well.
"Addiction is very complex. It's very complicated."
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