Palacios, R-Saipan said in an interview that House Bill 17-249 he introduced last Monday is in response to the suggestion of Judge David A. Wiseman last June 29, that the Legislature revisit the mandatory sentencing provided in the anti-drug trafficking law.
But no one in the House dared to pay attention to Wiseman’s plea because the proposal sounds too unpopular, that it will risk each member’s political ambition, Palacios said.
His cousin, Rep. Raymond D. Palacios, Covenant-Saipan was arrested for alleged distribution of “ice” two months ago and is out on bail.
Although the accused lawmaker has been attending sessions now, a House special committee on official conduct and ethics created by Speaker Eli D. Cabrera will soon decide on his fate.
Wiseman made the suggestion in his published sentence order against “ice” defendant, Jing Xin Xiao, who had no prior criminal record when arrested earlier this year and was found guilty last March 18.
Wiseman pointed out that under Public Law 11-24 or anti-trafficking law, having no prior criminal record and other mitigating factors “have no bearing on defendant’s sentence.”
The defendant, Jing, the judge noted “has no record of a criminal conviction and the amount of drugs he was convicted of, was three grams.”
Wiseman said “the court, under the mandatory sentencing statute cannot factor these things into its sentence.”
The defendant therefore was to be penalized and treated the same as a defendant who may be convicted of trafficking five to 100 kilos of “ice,” who has several prior convictions, and who may have sold ice to school children.
Even without these aggravating factors the defendant, according to Wiseman, will serve 25 years in prison.
“There is a gross disproportionality which the court urges the Legislature to look into,” Wiseman said.
The mandatory incarceration provision of P.L. 11-24, Wiseman said “curb the discretion of prosecutors and judges over certain offenses or types of offenders.”
Palacios’ H.B. 17-249 also intends to give judges that discretion.
But Community Guidance Center Director Josephine T. Sablan said she does not want to see the law changed. The idea of bringing the prison terms down for “ice” traffickers, she said “is not good.”
She does not have the exact number of cases in her hand during the telephone interview but Sablan said the CNMI continues to have issues with “ice” and other drug-related problems.
CGC, she added, continues to provide community services by receiving referrals from the court involving domestic violence cases, so the lawmakers need to really look at what needs to be done to address these things.
