Nevada Judges Ask for Drug Court Funding, Sentencing Discretion May 16, 2007
News Summary
Two Nevada Supreme Court justices petitioned state lawmakers for additional drug court funding and revisions to state mandatory sentencing laws, the Associated Press reported on May 15.
Justice Jim Hardesty requested that judges be allowed to deviate from mandatory sentences, as long as they submit a written explanation for the reasons. Prosecutors could appeal a judge's decision to the state Supreme Court.
"It makes absolutely no sense for us to sentence a young man to 10 to 25 years in the Nevada state prison who gets paid $150 to drive a car from Sacramento to Utah" containing narcotics, Hardesty told the state's Senate Judiciary Committee. Hardesty says that allowing judges to deviate from mandatory sentencing guidelines, with findings, is similar to how federal courts implement sentencing guidelines.
Hardesty and Chief Justice Bill Maupin also asked lawmakers to commit more funds to drug and mental health court programs. Hardesty said that the state Supreme Court requested $5 million for drug courts and treatment programs for drug offenders, but a budget subcommittee recently only approved $1 million for the programs.
"Compared to what we requested, and compared to frankly what the demand is – which is $30 million – it was disappointing," said Hardesty.
With the budget not yet finalized, Hardesty is hopeful that lawmakers will redirect money from the state's prison budget for drug court and treatment programs.
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