Legislation

Nothing encapsulated the issue of the “statehouse to prison pipeline” better in the 2018 session than the general assembly’s passage of legislation which would punish by up to a year in prison any person who “maliciously teases” a police horse or canine.

We supported this legislation which would have authorized the expungement of criminal convictions related to the possession of marijuana, presumably in conjunction with the legalization of the drug.

This legislation would have statutorily mandated a study to determine whether these racial disparities exist in both the process to obtain a state license to sell marijuana and in arrest and conviction rates for marijuana-related crimes.

This legislation would have ensured that an individual’s prior criminal record is not the sole measure by which an applicant is disqualified for a license, and would have created a comprehensive process for determining the relevancy of a conviction to the license being sought.

While wealthier individuals who can post bail are permitted to go home while awaiting their hearings, those without immediate cash flow are forced to stay in jail until their case is heard, creating a wealth-based incarceration system.

The implications of a felony charge versus a misdemeanor are substantial, and impact numerous facets of one’s life, including access to employment, housing and higher education. This legislation would have reclassified simple drug possession from a felony to a misdemeanor.

We testified in favor of legislation which would have implemented a pilot program for harm reduction clinics but noted that a critical part of its success would be statutorily ensuring that law enforcement have no jurisdiction over the clinic.

The ACLU has consistently opposed the imposition of mandatory minimum sentencing terms because they are ineffective, costly, eliminate individualized consideration of the offender and the circumstances of the offense, and place too much power in the hands of prosecutors instead of neutral judges.