AJR 47, as introduced, Donnelly. Mandatory minimum sentencing.
The measure would urge the Congress and the President of the United States to end mandatory minimum sentences for nonviolent drug offenses.
Fiscal committee: no.
P1 1WHEREAS, For most of the 19th and 20th centuries, federal
2trial judges had broad, virtually unlimited sentencing discretion;
3and
4WHEREAS, The Sentencing Reform Act of 1984 established
5the United States Sentencing Commission and directed it to
6promulgate sentencing guidelines that would regulate and govern
7a sentencing court’s discretion. In some cases, the act eliminated
8the court’s discretion entirely by requiring a mandatory minimum
9sentence for certain types of crimes; and
10WHEREAS, These mandatory sentences have led to some harsh
11results because they do not take into account the facts of the
12individual case; and
13WHEREAS, There is currently bipartisan support for the
14removal of mandatory minimum sentences, at least in nonviolent
15drug crime cases; and
P2 1WHEREAS, United States Senator Rand Paul of Kentucky
2stated, “Our county’s mandatory minimum laws reflect a
3Washington-knows-best, one-size-fits-all approach, which
4undermines the Constitutional separation of powers, violates our
5bedrock principle that people should be treated as individuals, and
6costs the taxpayers money without making them any safer”; and
7WHEREAS, Attorney General Eric Holder stated, “Too many
8Americans go to too many prisons for far too long, and for no truly
9good law enforcement reason”; and
10WHEREAS, Grover Norquist of Americans for Tax Reform
11stated, “the benefits, if any, of mandatory minimum sentences do
12not justify this burden to taxpayers. Illegal drug use rates are
13relatively stable, not shrinking. It appears that mandatory
14minimums have become a sort of poor man’s Prohibition; a grossly
15simplistic and ineffectual government response to a problem that
16has been around longer than our government itself. Viewed through
17the skeptical eye I train on all other government programs, I have
18concluded that mandatory minimum sentencing policies are not
19worth the high cost to America’s taxpayers”; and
20WHEREAS, Former federal prosecutors have testified that
21mandatory minimum sentences do not accomplish the purpose of
22identification of high-level drug organization leaders by low-level
23offenders; and
24WHEREAS, In addition, the longer term incarceration of federal
25criminals has led to one-third of the budget of the United States
26Department of Justice being spent operating prisons; now,
27therefore, be it
28Resolved by the Assembly and the Senate of the State of
29California, jointly, That the Legislature urges the President and
30the Congress of the United States to end mandatory minimum
31sentences for nonviolent drug offenses; and be it further
32Resolved, That the Chief Clerk of the Assembly transmit copies
33of this resolution to the President and the Vice President of the
34United States, to the Speaker of the House of Representatives, to
35the Majority Leader of the Senate, and to each Senator and
36Representative from California in the Congress of the United
37States, to the Governor of California, and to the author of this
38resolution.
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