ID - Changes In Drug Sentencing Laws

BOISE, Idaho (AP) -- A bill that would give Idaho judges greater discretion to keep drug addicts out of prison even if they've been convicted of drug-dealing crimes will get a full hearing before the House Judiciary, Rules and Administration Committee.

It's a modest effort to loosen Idaho's mandatory sentences for drug offenses and ease overcrowding in the state's prisons.

Rep. Nicole LeFavour, D-Boise, who joined with three Republicans to sponsor the bill, told the committee Monday that most people convicted of drug-trafficking crimes deserve stiff sentences. Those only marginally involved in drug dealing because of their addictions, however, should get a second chance to get clean and stay out of prison.

"For these rare instances, this will allow for an alternative sentence by judges," she said. "If treatment is provided, that provides the best chance of recovering."

Idaho now has 7,400 people behind bars. More than half of them are there due to drug-related offenses. The state has shipped about 500 people to other states because there's no more room in prisons in Idaho.

Under the bill, judges could opt for shorter, treatment-focused sentences for addicts convicted of drug-dealing crimes, on the presumption that if they get clean they're less likely to re-offend. Currently, Idaho has mandatory sentences for a range of drug-trafficking offenses that give judges little or no discretion. Many sentences entail at least three to five years in prison.

The Denver Post