Three strikes, cash bail on agenda for Legislature

Some General Assembly members say Delaware needs to rein in a criminal justice system that in some cases is imposing excessive punishments and throwing too many people in jail, causing long-term damage to society.

"I think you're seeing this conversation going on nationally about law enforcement," said state Sen. Margaret Rose Henry, D-Wilmington East, who chairs the Senate Judiciary Committee. "I think this is going to be one of the major topics we talk about this session."

Proposals are already in the works to amend the state's habitual offender laws, eliminate cash bail and bolster re-entry programs and drug treatment for inmates.

And Henry says other issues that might not yet have detailed legislation — like body cameras for police, traffic stop procedures and new approaches to solving Wilmington's crime problems — will certainly get air-time in the session, which starts Tuesday and ends June 30.

An effort to repeal the death penalty that failed in a House committee last year may also find new life.

Some legislators and law enforcement leaders caution the state should not make any changes that allow dangerous criminals to harm society.

"I think the conversations we are having are healthy, but I am quite frankly worried about some of the policies we are talking about," said Sen. Colin Bonini, R-Dover South. "Our primary responsibility is public safety."

Justice reform has been a topic of major debate in Delaware over the past year. Chief Justice Leo E. Strine Jr. has convened several public meetings with his Access to Justice Commission, which is seeking ways to remedy racial disparities in the criminal justice system.

Attorney General Matt Denn also has called for a change to the laws regarding habitual offenders, or the "three-strikes" laws. Currently, judges are forced to give life sentences to people who are convicted of three violent crimes, regardless of what those crimes were.

About 667 people were serving prison sentences in Delaware under these rules as of May 2014, according to state figures. Of those, about 74 were sentenced to life.

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Denn and some lawmakers and advocates argue the rules lead to some people receiving drastically excessive punishments for crimes that would otherwise get much less stiff sentences. Currently, things like first-degree robbery could land offenders in jail for life.

State Sen. Karen Peterson, D-Stanton, has proposed a bill that would give judges some leeway to decide whether to apply the habitual offender rules. Denn has proposed making the punishment for a third violent felony be the maximum sentence for that felony.

Last year, the legislature passed a new law that removed some crimes from the list of those considered "violent."

"We think the punishment should fit the crime," Denn said.

Other lawmakers and some law enforcement representatives say they're not opposed to the broad idea of the changes but want to make sure the details of exactly what is changed make sense.

"There is probably room for improvement in the current law as it stands now," said Fred Calhoun, president of the Delaware state lodge of the Fraternal Order of Police. "But we need to be careful that we don't soften up the laws for those who are a real threat to society."

Kathleen MacRae, executive director of the ACLU of Delaware, said her organization supports changing the three-strikes law. The group also wants to see lawmakers take steps to make it easier for those with criminal records to get certifications, as long as their previous crimes don't specifically raise concerns about the area they're seeking.

"It's not being soft on crime, it's being smart on crime," MacRae said. "Just because they made a mistake doesn't mean they shouldn't be able to get productive job to provide for themselves and their families."

Henry and other lawmakers want to see Delaware reform or end its cash bail system, arguing that the current format unequally hurts poor defendants and leaves too many non-violent offenders languishing in prison before a trial.

But critics say doing so would make it harder to make sure those who are arrested show up for court hearings and say it would cost the state far too much to successfully implement.

Denn also is pushing for lawmakers to follow his plan for how to spend $29 million in settlement money related to the financial crisis, a big chunk of which would go to crime and justice initiatives.

Denn wants $3 million for substance abuse treatment for inmates with drug abuse problems, $3 million for non-profits to help inmates re-enter society when they get out of jail, and $4.7 million for community policing and support initiatives, among many other proposals.

Denn sought a similar use of the settlement funds last year, but lawmakers instead used $5 million of the money to help balance the budget.

Sen. Robert Marshall, D-Wilmington West, chairs the Senate Public Safety Commission and says he has two bills he wants to see passed.

First, he has a bill that would make it easier for police agencies to conduct "gun buy-backs," an effort to get illegal guns off the streets.

He also intends to push again for a plan that would give judges the authority to incarcerate for 120 days criminals who are arrested and charged with violent crimes if they are out on bail for another violent crime.

"I agree that there are many who have been arrested who should be given training and alternative sentencing, but the hard, habitual violent criminals need to be kept behind bars," Marshall said.

Henry says she expects other criminal justice proposals not on the radar yet will pop up too. She said law and order issues will, along with education, be among the most dominant of the session.

"We're going to be very busy," she said.

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.