Families Against Mandatory Minimums Hopes to Change Sentencing Laws in Florida

By Michael J. Mooney Tue., Feb. 8 2011 at 7:18 AM

As the law stands right now in Florida, if you're caught with a bottle of pain pills, you'll face the same sentence as someone charged with lewd and lascivious conduct with a child. That's 25 years in prison, with no parole, the mandatory minimum sentence.

But since Gov. Rick Scott announced his plan to cut more than a billion dollars from the state's prison system, Families Against Mandatory Minimums, a Washington, D.C.-based group dedicated to ending mandatory minimum sentencing policies nationwide, has taken up a campaign in the Sunshine State.

Greg Newburn, the Florida director of FAMM, says he hopes the governor's cost-cutting measures will provide an opportunity to change the sentencing laws in this state. "Sentencing reform is the only way to tackle the major problem," Newburn tells the Juice. "We can make small cuts here and there, but if we don't cut the flow of prisoners into the prisons, it's going to cost the state more money, not less." He adds, "The cuts have to begin on the front end."

Newburn's organization will be directly lobbying state legislators and plans to organize grassroots campaigns around the state, trying to get more people interested in the issue.

Right now, taxpayers spend about $20k per prisoner per year. "Two prisoners is a teacher in the classroom," Newburn says. "Every time we put two of these people in prison, we're essentially taking a teacher out of the classroom. It's time to decide what we value as a state."

The first target for FAMM is the state's drug trafficking statute, which deems trafficking means a possession of a certain weight, regardless of whether the defendant had intention to sell or distribute. Right now, if someone is caught with 14 to 28 grams of pills -- "about half the weight of a Hershey bar," Newburn points out -- that person faces 25 years in prison. The same crime in Texas, a state not known for being soft on crime, carries a sentence of two years.

Scott Earle

One of the cases FAMM points to is that of a Broward man, Scott Earle, who was sentenced to 25 years for introducing an undercover police officer he thought he was courting to a drug dealer who later sold the officer a large number of pills. At Earle's sentencing, Judge Speiser said:

"I have to express my deep concern about this particular situation... This punishment does not fit the crime. We are not talking about a first- or second-degree murder... With a great degree of reluctance, I will have to sentence the defendant [to] 25 years minimum mandatory."

Another case is that of Todd Hannigan. In 2008, Hannigan, an addict with several stints in prison under his belt, wanted to kill himself. He grabbed a bottle of his mother's Vicodin pills and a six-pack of beer and headed to a nearby park to finish himself off. Except someone saw him drinking and called the cops. When they arrived, they found 31 pills and charged him with trafficking hydrocodone.

He went to trial, was found guilty, and was sentenced to 15 years. At the sentencing, Judge Timothy Shea said:

"I do believe this is an inappropriate sentence for you. I really believe that. But there are restraints placed on my ability to stray from the statutory framework for sentencing... Mr. Hannigan, if there should be some change in the legislative framework that would result in [your] early release... no one would be happier than I.

"The legislature has... decided to transfer a significant amount [of what] once was judicial discretion to the prosecutorial arm of this state. There's nothing I can do about that. There's nothing I can do about that at all... Under this set of circumstances, this court does nothing more than perform an administerial function. I sign the papers. I'm on autopilot."

Follow The Juice on Twitter: @TheJuiceBPB.

Tags:

drugs, Familes Against Mandatory Minimums, mandatory minimums, prison sentence reform

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Reynoldsvicann

I believe minimum mandatory laws do not allow judges to judge. They make every case identical and not specific. This is criminal and wrong in a country where we believe everone has the RIGHT to a FAIR trial!

Mimi B

My Son is an Addict, He broke his back as a teenager and was given pain medication for a few months...This is how he was introduced to the europhic feeling of the opiates....Danny hates the control the pills have had over his life and feels that he has wasted his life...When Danny was a small child, both my husband and I adopted a baby girl....(Megan),This child was hateful and extremely violent towards Danny and I.....As a young girl she actually spoke the words that she'd take him away from me...SHE DID,,,,,,,,,May 18th, 2011 my life changed forever....Megan was born without a conscious, and had a crush on A Coral Springs Informant, This disgusting dirty girl .....Told Megan she was a CSI....Megan Believed that meant that she was a crime scene investigator...This CSI Pam....used a mentally challenged girl with the mentality of a 13 to enjoy opiates with....Once she got Megan doing them, she asked Megan if she knew anyone that wanted them....Megan set her brother up to go to where the Coral Springs Police department had set up for the girl Pam to bring 100 pills....It was all taped....Because the Girl knew his sister he went to go get them....Danny even stated on the tape that he had never seen that many pills before....Unfortunately even thou this girl (PAM) and the Coral Springs Police department have destroyed a family....Megan has disabilities and one is, that she knows no loyalty...Danny has been given a plea deal of 3years...FOR What ? Because he is an addict....The Law is repulsive....John Gallagher of the District Attorney's office is a hateful man and shows no compassion for an illness...Which is what an addiction is...Megan left the state and is now homeless in Missouri and was just released from St. John's Hospital for trying to get herself killed on the highway....I have been a prisoner in my own home, I fear the Broward County law, I'm petrified of police cars and am needing psychiatric care, I have been diagnosed with PTSD....My mind can not comprehend how this Mandatory Law is so ignorant and who ever came up with it needs to be ashamed of themselves....EVERY CASE is individual...My Son does NOT Belong in Prison, Oh, He and the other 2 neighbor boys involved in this incident figured they try to steal the pills....Yes Stupid, but they sure were not gonna give a dime to her for who and what she was and is.........She is a scank !.I know I will never have Holidays as a family again, but I do know Loyalty (New England),..Danny doesn't hate his sister, but I'll never put him in the position to ever have to see her again....I pray everyday for Megan's safety and Danny's return home....I know he will go to a minimum security because he has NEVER had an Ounce of Violence in him....I pray for all the families that are loosing our children to an unjust LAW.....Even the Public defenders believe he should get a slap on the wrist and sent home.... .BUT THIS AWFUL LAW is only killing families and WHERE is the REHABILITATION this system is supposed to provide for inmates.....?????

Tammydpenton

my son kenneth penton is doing life in prison they sentenced him under the PRR.prison release reoffender act with no chance of parole if you have ang ideas how i can save my son please help tammydpenton@att.net

Ramona Gailforthecure Butler H

How many people will die/be MURDERED because of the use of these drugs!!! I don't have the answer to prison overpopulation but I know the cemetaries are filling up quickly!

Deutschp15

The same principal should be applied when sentencing someone with no criminal background that was under the influence of drugs and committed a non-violent crime because the influence of drugs distorted their sense of right and wrong. These people should be offered proper drug rehabilitation,not just a one hour a week meeting as we have seen. PG

Gol1106

Is there going to be changes in sentencing for mandatory minimum sentencing for crimes not related to drugs

Sexyval10

I'm so glad to hear that there is someone besides me that think these laws are to harsh for some crimes committed. If your a drug addict what good is it going to do to put you in prison and waste the state money by doing so, why not get them help. Another case a person that had a felony record that got caught with a weapon near him, they tested the weapon never been fired gets sentence to five years with three mandatory. So the state pays for him and also pay for the children that he know unable to take care of. When he could have been put on probation or house arrest and made to pay the state that would be revenue coming in instead of going out re definitely need to re-think these laws.

Hurricanesexxy

I totally agree with you. They are crying about being broke.They are the ones thats wasting tax payers dollars. Im fighting for my husband house arrest, no criminal background, 1st offence. He got 6 years just for telling some1 how to cook cocaine. Nonsense.

Bwilmaberry

Hi, my name is Wilma Berry from Missouri, I also oppose Mandatory Sentencing and tho we are miles apart I have started a petition on Change.Org, that could help both of our States. I targeted the House of Representatives, The Congress, and The President. I need your help in signing the petition and get it out to others who feel as we do. Go to Change.Org and type in Stop Non-Violent Mandatory Sentencing For Meth Crimes read the petion and if you agree sign it and pass it along to all you know that feels as we do. Would reallly appreciate your help!

Lilly_Abbott

One of the major problems in United States is the addiction to prescription pills. Since that move millions of dollars in the sale of drugs like vicodin or oxycodone. Findrxonline mentioned in his website that the side effects of these drugs can be dangerous more now that they are children and adolescents who take these medicines.

Marks_wife

One as a former prescription medication addict, two my husband is 11 years into a 30 year sentence for possession I have very strong views on how this State has taken the road of lock em up and throw away the key idea. There is much more funding for rehabilitation out there, you just have to keep looking. My youngest son was introduced to Methadone at 13. He's now a 23 yr old father of a 3 month old and is still addicted. If anyone needs those types of pain medications they need to be in a hospital setting or if home care is desired a nurse to administer these types of medications. I had cancer and was given a script for 120 oxycontin. Yes I was in pain, not oxycontin pain. Not even close. I gave them back but went to a lessor evil in Percocet. An unethical Dr gave me whatever I wanted if I said OUCH. I am blessed to have a daughter with a Masters in Nutrition and caught on to my problem. I personally know of 8 or more people under the age of 25 deceased due to these drugs. My husband is now a very sick man. But he won't take an aspirin now. Why can't our lawmakers put these drugs back in the box and hold physicians responsible for over medicating and finally letting it end up killing our kids. Clean for 11 years and intend on staying so. I have grand babies now. I want them to grow up in a safer world. When will this end?