TALLAHASSEE, Fla. (AP) - Judges would have more flexibility in sentencing people convicted of possessing or selling small amounts of drugs under a bill passed by the Florida Senate on Wednesday.
Judges would be able to deviate from mandatory minimum sentences in some low-level drug cases, but only if the convicted person does not have a previous forcible felony conviction, is a first-time offender, was unarmed at the time of the offense, didn’t use violence or a credible threat of violence during the offense, wasn’t the leader of an ongoing drug operation and the offense didn’t lead to the serious injury or death of another.
The defendant would also have to provide law enforcement with information and evidence about the crime itself.
“This is a big day for many of us who have been passionate about criminal justice reform issues,” said Republican Sen. Rob Bradley, who sponsored the bill. “When I started in 2013 in the Senate, this is not an issue that was even discussed much. It was kind of a third rail of public policy.”
The bill passed, 39-1, with no debate. While there hasn’t been movement on the issue in the House, House Speaker Jose Oliva has said he shares Bradley’s views on drug sentencing and is “very open” to considering the legislation.
Bradley said he’s confident an agreement can be worked out. He said drug sentencing should take into consideration if someone is an addict who has a path forward, rather than a drug kingpin.
“Having a sentence that tailors to what justice calls for in a case, where the punishment fits the crime, where you have proportionality, it’s very important that our system does that,” Bradley told reporters after the session ended. “We’re all starting to realize that the criminal justice system does not always effectively deal with these circumstances.”
The bill also would remove the “clean hands” provision of law that allows wrongfully convicted people to be compensated $50,000 for their time in prison. The current law doesn’t allow compensation if the wrongfully convicted person was previously convicted of an unrelated felony.
The bill would remove that condition and apply it retroactively to 2008.
Please read our comment policy before commenting.