Does RRRI at the state level or reentry plan at the county level affect mandatory sentences?
A. We did answer that, but I will just point out that there has been some discussion at the county level. Some prosecutors have questioned whether RRRI does apply to mandatory sentences. Notwithstanding what Mary already mentioned, which was certainly the spirit of this, was to, aside from violent offenses, personal injury offenses, the idea was that RRRI would apply to at least the first two categories of drug trafficking offenses. There are some prosecutors that read the statute differently and find in Title 42 that there is a provision that basically says mandatory minimums must apply in these cases. They’re not reading it that this supersedes that, so while the spirit was at least for these two drug trafficking categories that RRRI would apply, there are some that are arguing that, so we will have to see how any of these appeals move forward.
Related Questions
- Will the County have the discretion to refuse state prisoner admissions to the reentry facility due to prison overcrowded conditions and no available bed space?
- Are the calculations of RRRI minimum sentences applicable to county sentences or does the county reentry plan for good time/earned time only apply?
- How will the State Plan influence the new County Growth Management Plan?
