New Hampshire lawmakers are deciding whether to repeal the state’s mandatory minimum punishments for armed career criminals and people who drive with a suspended license.
Supporters say the proposal will give judges more discretion in sentencing and allow them to tailor punishment to fit the specifics of each case.
Under current state law, armed career criminals must be sentenced to more than 10 years in prison and people who drive on a suspended license must be imprisoned for at least seven consecutive days.
The bill would remove those requirements, and it has already passed the Republican-led House.
The proposal fits into a nationwide push to reform the criminal justice system and reduce prison costs by repealing mandatory minimums.
Congress is debating a bill that would eliminate several mandatory life sentences for certain nonviolent drug offences.
The House bill, sponsored by Republican Rep. Larry Gagne, would not reduce or eliminate any mandatory minimum punishments for drug crimes.
While the original bill did seek to reduce some of those penalties, the proposal proved unpalatable to some representatives and was stripped from the bill, Rep. Renny Cushing said.
“I think there was a concern on the part of some members of the House that in the midst of this opioid crisis that we should leave drug sentencing alone,” said Cushing, a Hampton Democrat and sponsor of the bill.
No one testified in opposition to the bill during a Senate Judiciary hearing Tuesday. Representatives from the American Civil Liberties Union of New Hampshire and the New Hampshire Association of Criminal Defense Lawyers spoke in favor of the bill, saying mandatory minimums tie judges’ hands.
“The court is not allowed to use its discretion to do what’s right in any given case,” said Katherine Cooper, of the New Hampshire Association of Criminal Defense Lawyers. “The court is locked into giving a sentence that may be far harsher than what’s actually deserved.”
Lawmakers have taken aim at mandatory minimum sentences before. Last year, the House Finance Committee attempted to repeal mandatory minimum punishments for nonviolent offenders through the state budget, saying the move would reduce incarceration costs. It was killed in the Senate.
It’s not clear how many offenders are sentenced to mandatory minimums in New Hampshire each year. The state maintains the data, but it couldn’t provide that information by press time.
If it passes, the bill will help determine how the criminal justice system responds to fewer mandatory minimums.
“This is a baby step,” said Gagne, of Manchester. “Over the course of time, we will see how judges rule on some of these cases.”
(Allie Morris can be reached at 369-3307, amorris@cmonitor.com or on Twitter @amorrisNH.)