The Assembly is expected to pass legislation on Tuesday that would once again give judges the discretion to send those found guilty of having smaller amounts of illegal drugs to substance-abuse treatment instead of prison and allow thousands of inmates convicted of nonviolent drug offenses to apply to have their sentences reduced or commuted.
Meanwhile, the governor's office is preparing legislation that it plans to present to Senate leaders on Monday that would also give judges discretion in sentencing, according to a senior administration official involved in drafting the bills. But for now, the governor is not taking a position on whether sentences should be reduced for some prisoners.
For its part, the Senate is expected to take up legislation in the coming weeks that would also be aimed at strengthening judges' roles in sentencing.
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The State Legislature has already eliminated the stiffest provisions of the laws, doing away in 2004 with life sentences for drug crimes and reducing other penalties for the most serious offenses.
But now Democratic leaders see an opportunity to take aim at the judicial underpinnings of the laws by untying the hands of judges, who are often bound to mandatory minimum sentences even for less serious drug crimes.
The mere thought of someone serving a long prison sentence for a nonviolent offense related to drugs boggles the mind. These reforms, if enacted, would be long overdue.