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Monday, July 18, 2011

Pierluisi Introduces Legislation to Promote Sensible Sentencing Policy for Low-Level, Nonviolent Drug Offenders

SAN JUAN, Puerto Rico- Resident Commissioner Pedro Pierluisi today announced that he has introduced legislation that would give federal judges the discretion to place on probation—rather than in prison—a small and carefully tailored class of low-level, nonviolent drug offenders, after taking into account public safety, the offender’s drug treatment needs, and any other relevant consideration.

Under H.R. 2567, the Federal First Offender Improvement Act of 2011, federal judges would be given the discretion to place on probation a drug offender who did not use violence or a weapon in the commission of his or her crime; was not a leader of a criminal organization; and has not previously been convicted of a crime of violence or any offense punishable by more than one year of prison.

The Resident Commissioner announced his introduction of the bill alongside Dr. José Vargas Vidot, the executive director of “Community Initiative,” an organization that for over 18 years has helped thousands of people successfully complete drug rehabilitation. “It is essential that we attack this problem in a holistic fashion, devoting more resources to those approaches that have proven effective in reducing drug abuse. We must give greater emphasis to decreasing demand, and the best way to decrease demand is to increase education and other prevention efforts and to expand access to medical treatment and psychological counseling,” said Pierluisi.

In 1987, Congress enacted the Federal First Offender Act, which allows a judge to place a first-time drug offender found guilty of simple possession on probation without entering a judgment of conviction. If, at the end of the probation term, the offender has not violated a condition of his or her probation, the court may dismiss the proceedings, and the offender—if under 21—may apply to have his record expunged. Although well-intentioned, this provision has been used by judges in extremely few cases. In fact, most federal district courts have no cases in which an offender has been placed on probation pursuant to the Federal First Offender Act.

“At a time when the federal government is counting every dollar it spends, this legislation make sound fiscal sense, since the bill has the potential to generate significant savings for the government. The cost of imprisoning these low-level offenders is enormous—on average, it costs nearly $26,000 per year to incarcerate an individual in the federal system. The average cost of supervising an individual on probation is $3,743 annually—a savings of $22,152,” explained the Resident Commissioner.

Even if an offender’s participation in a drug treatment program is included within the cost of probation, the total cost would still be substantially less than the cost of imprisonment, with savings ranging from $4,000 to $12,000 per individual, depending on the drug treatment program.

Pierluisi’s legislation would also create indirect savings for the government by reducing drug offenders’ dependency on government programs.

“The collateral consequences of a judgment of conviction are severe; they reduce an offender’s enjoyment of his or her rights and access to certain federal opportunities. For example, a conviction restricts an offender’s right to enlist in the military, obtain federal employment, receive federal student aid, and receive public housing assistance. All of these consequences negatively impact an offender’s ability to reintegrate into society, and thereby increase his or her burden on the government,” said the Resident Commissioner.

“By incarcerating these low-level, non-violent offenders, we do irreparable harm to their future. What these individuals often need is medical treatment or psychological counseling,” said Pierluisi.

Since arriving in Washington, the Resident Commissioner has urged the federal government to recalibrate its National Drug Control Strategy by seeking alternatives to criminal prosecution and punishment in non-violent drug cases, promoting innovative approaches to prevent and treat drug abuse, and increasing resources for federal law enforcement agencies on the Island so they can more effectively fight drug-related organizations.

“I was greatly impressed when I saw Mr. Pierluisi’s bill, since it seeks to put an end to the stigmatization of our youth. Our organization seeks to help people reconsider the wrong path that they have chosen and to urge the government to support them so they can be rehabilitated and positively contribute to society. We are totally convinced that this legislation will aid us in this fight. This bill will provide an offender with the time to reflect and rehabilitate,” said Dr. Vargas Vidot.

Pierluisi, a former Attorney General of Puerto Rico and current member of the House Judiciary Committee, has advocated for the establishment of specialized drug courts at the federal level, urged the allocation of greater resources for treatment clinics and counseling centers, and promoted needle-exchange programs.

H.R. 2567 has been endorsed by the National Association of Criminal Defense Lawyers and The Sentencing Project, a national organization that promotes reforms in sentencing law and alternatives to incarceration. The legislation has also been cosponsored by 22 Members of Congress, including various members of the House Judiciary Committee, such as Robert “Bobby” Scott (Virginia), Jerrold Nadler (New York), Hank Johnson (Georgia), Sheila Jackson Lee (Texas), Steve Cohen (Tennessee) and Linda T. Sánchez (California).

The bill is also cosponsored by Keith Ellison (Minnesota), Edolphus Towns (New York), Jim McGovern (Massachusetts), Diana DeGette (Colorado), Gwen Moore (Wisconsin), Danny Davis (Illinois), Lynn Woolsey (California), Jared Polis (Colorado), Joe Baca (California), Silvestre Reyes (Texas), Gene Green (Texas), Eleanor Holmes Norton (District of Columbia), Barbara Lee (California), Sam Farr (California), Raúl Grijalva (Arizona) and Pete Stark (California).