Rep. Harding: I Can’t Support the Second Chance Bill

Shrinks Drug-Free School Zones and lessens all penalties for drug possession to a misdemeanor

HARTFORD – Representative Stephen Harding (R-107) voted against a proposal late last week that authors claim will give drug offenders a second chance at turning their life around by making drug possession a simple misdemeanor

S.B. 952, An Act Concerning a Second Chance Society, would lessen the possession of any narcotic or controlled substance to a misdemeanor offense. It also shrinks the current drug-free school zone distance from 1500 ft. to only include the school property in cases of possession.

“I would certainly be in support of this bill if it truly was a second chance as it’s labeled,” said Rep. Harding. “But it’s not. There are already so many diversionary programs for individuals charged with simple possession: a drug education program, a community service labor program (which gives defendants two chances at enrollment), and CADAC (Certified Alcoholism and Drug Abuse Counselor) – a treatment program that erases charges from a defendant’s record upon completion. This is in no way a second chance society. It’s three, four, five chances before an individual takes the felony conviction.

Governor Malloy’s proposal passed out of the legislature’s Judiciary Committee in the dead of the night on Friday, April 10 on a 22-20 vote.

“The hope for this bill is that it will diminish the inmate population in our jails,” Rep. Harding said.
“As someone who works in the criminal law system, I know first-hand that it is extremely rare for an individual to be charged for the first time with simple possession and face incarceration. The notion that individuals charged with possession are being taken immediately from the streets and directly to jail is false. I do not believe this will have any impact on the prison population at all.”

Chief State’s Attorney Kevin Kane also disputed the notion that those arrested for first time drug possession are serving time in prison. Kane testified at the public hearing that persons who commit criminal acts, including possession of illicit drugs, are given multiple opportunities, some as the result of diversionary programs and some as a result of the careful consideration of the prosecutor, to avoid criminal convictions.

“I think there are some serious ramifications regarding those charged with the intent to sell or the sale of narcotics,” added Rep. Harding. “As part of the plea negotiations in these situations – according to the statute changes – a prosecutor will be able to substitute a defendant’s charge with simple possession. This means that individuals walking into court facing a charge of intent to sell or the actual sale of narcotics could walk out with only a misdemeanor. There are dire consequences in this that we need to consider.”

The bill has the possibility of being referred to the legislature’s Education Committee.

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Submitted by Bethel, CT

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