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| | House approves repeal of 70-percent law for meth producers
Wednesday, Mar 9, 2005 By David Robinson and Doug Thompson Arkansas News Bureau LITTLE ROCK - The House of Representatives approved a bill Tuesday that repeals a 1997 law requiring methamphetamine manufacturers to serve at least 70 percent of their sentence. Unlike the Senate's easy 34-0 vote last month, the House struggled with the issue. Its 56-32 vote came after about an hour of debate. Senate Bill 387 would allow manufacturers of the highly addictive drug to become eligible to serve 50 percent of their sentence if their behavior merits. Rep. Will Bond, D-Jacksonville, the House sponsor, told colleagues that SB 387 was the most controversial in a package of seven bills designed to help the prison control its inmate population and related costs. All seven were approved after Tuesday's passage of SB 387 and SB 388, also designed to help well-behaved prisoners become eligible for early release based on successful completion of certain treatment programs and a high school equivalency program. SB 388 was approved without debate on a 73-16 vote. Both measures now go to the governor. Bond and other supporters of SB 387 also pitched it as a common-sense proposal to fix a law that's too harsh. The state's prison budget had quadrupled since the early 1990s, he said. "We cannot lock everybody up and we can't build our way out of this problem," Bond said, adding that the prison population is growing by about 500 a year. Opponents like Rep. Johnnie Bolin, D-Crossett, said the bill goes too far because of the "heartache and heartburn" it causes people. Rep. Timothy Hutchinson, R-Lowell, argued that the sentence is not too harsh considering that the crime is for producing the dangerous drug. He also said the bill would have little effect on prison overcrowding considering that only 1.3 percent of the prison population in 2003 was made up of those serving under the 70 percent law for methamphetamine. He said the answer is not to allow producers of the drug out sooner but to concentrate on rehabilitating all the drug addicts in the prison system. Rep. Joyce Elliott, D-Little Rock, named no names, but said later she hoped those who claimed to favor drug rehabilitation in prisons over SB 387 had filed bills to accomplish that goal. Hutchinson responded that he had filed no bills that would do more to rehabilitate drug addicts but supports one filed by Rep. Michael Lamoureux, R-Russellville. Lamoureux's bill, he said, would remove all drug addicts from the prison system and put them into treatment programs. Bond emphasized that the state's prosecuting attorneys helped craft the bill and that it is supported by Gov. Mike Huckabee. "The prosecutors were at the table through all these negotiations," Bond said. "Much of the language in this bill particularly was submitted by them and argued for by them." He said prosecutors had nixed an initial idea to make the bill apply to convicted meth producers already in prison. Bond told the 100-member chamber not to worry that a vote for the bill would make them appear weak on crime. "All you are is you're smart on crime," he said. He noted that only two drug crimes fall under the 70 percent law: the manufacture of methamphetamine and the intent to manufacture methamphetamine. He also reminded lawmakers that existing law adds another 10 years in prison - all mandatory - for producing the drug where children are present. Bond said the bill offers prison officials a carrot to improve behavior among such inmates. Debate on the measure drew House Speaker Bill Stovall, D-Quitman, to the House floor to speak on its behalf. Stovall said it was the first time this session he had spoken on a bill. Stovall said that the state's punishments for the drug producers so far haven't been effective in controlling prison spending. "Let's turn this train around," Stovall said. Rep. Buddy Blair, D-Fort Smith, said harsher penalties are not the answer. "There's something really wrong in this country when we're locking everybody up," Blair said. "This is crazy." Blair seemed bewildered by the resistance to the proposal. "This is nothing; this is just a slight reduction," he said. Hutchinson objected to the Legislature undoing such a key law approved by a previous General Assembly. "Today we're going to question their judgment, saying they got it wrong," Hutchinson said. The Senate, meanwhile, approved House Bill 1495 by Rep. Nathan George, D-Dardenelle, that clarifies that the state has the power to suspend or revoke the license of operators of a wastewater treatment facility. The action can be taken by the state Department of Environmental Quality. The measure passed 33-0 and goes to the governor. The Senate also passed House Bill 1279 by Rep. Linda Chesterfield, which now goes to the governor. The bill authorizes the state Department of Human Services to design a pilot program to reward state employees for healthy activities such as regular exercise and good nutrition. Employees could get up to three extra days off for completing the program once it is designed. The bill passed 33-0 and goes to the governor. |
