The bill says that “although the trafficking of controlled substances, specifically, crystal methamphetamine is a serious crime, not all offenses of this nature are the same.”
“The present ‘one-size fits all’ provision should be amended to provide judges the discretion to ensure that justice is done.
There is simply too much disparity between the sentences available for “possession” on the one hand and “trafficking” on the other.
At the same time there is also a significant lack of disparity between one relatively non-violent trafficking case on the one hand and a very egregious trafficking case one the other,” H.B. 17-249 said.
In his speech when he introduced the bill, Palacios said the Legislative “emasculation of the judiciary weakens the credibility of the criminal justice system and is an exercise in power and control by a body that is too remote to be held accountable for the outcomes it forces.”
He said that the approach of treating each and every ice trafficking case the same as every other is “overly simplistic.”
“However well-intentioned, mandatory sentencing with no room for any discretion should not be imposed upon the honorable courts,” Palacios said.
If enacted into law, H.B. 17-249 will make first time offenders sentenced to a term of imprisonment for not less than 10 years nor more than 25 years, a fine of not less than $5,000 but not more than $10,000 or both, “and the term of imprisonment shall not be subject to suspension, probation or parole and shall be sentenced, upon a second separate offense, to a term of not less than 15 years to life imprisonment, a fine of not less than $10,000 but not more than $20,000, or both, and such term shall not be subject to suspension, probation, or parole.”
The bill also says, “Provided further that upon conviction of a first offense anywhere within the United States, the court may sentence anyone convicted to parole eligibility after serving one half of the ten year minimum sentence if the court specifically finds upon sufficient proof provided solely by the defendant, which the prosecution may dispute, that the interests of justice so require because all of the following factors are met: no firearms or minors were directly involved in the commission of the crime; and no personal injury or any significant property damage resulted directly from the commission of the crime; and the crime was not committed within 1000 feet of a school or public building; and the defendant was not on probation, parole, or any form of custody and the quantity trafficked is less than five grams total—inclusive of all counts.”
One of the officials of the Community Guidance Center who requested anonymity said “it’s outrageous.”
The official said “ice” is a huge problem in the CNMI. Since one of the House members was recently arrested for the alleged distribution of “ice”, the health official said it sounds like to him like someone is trying to “cover their a–.”
Two other anti-drug advocates laughed so hard they could not utter a word to comment.
