Michigan Drug Lifer Law Reformed

Michigan legislators have revised the lifer law. This could bring relief to 170 of Michigan's 'drug lifers', of whom only one is immediately eligible for release.

JeDonna Young was the first woman sentenced under the lifer law. She may be the first to return home after serving 20 years.

Unfortunately, the reform includes a "cooperation" stipulation which means that more people will be "snitched-out," set-up and prisons will continue to fill to overflowing in the state of Michigan as elsewhere.

FAMM is still committed to working within Michigan and residents should stay abreast and keep pressuring their state lawmakers. You can reach the Michigan FAMM office at:

Laura Sager
115 Allegan St
Lansing, MI 48933
(517) 482-4982
FAX (517) 482-5839

Overview

Now allows parole eligibilty, under certain circumstances, for persons sentenced to life imprisonment for manufacturing, delivering, or possessing with the intent to deliver 650 grams or more of a mixture containing cocaine or a Schedule 1 or 2 narcotic.

Allows an alternative sentence of at least 25 year's imprisonment (rather than the mandatory penalty of life imprisonment) for possession of 650 grams or more of a mixture containing cocaine or a Schedule 1 or 2 narcotic.

Extends to an offense involving possession of 650 grams or more the sentencing court's authority to depart from a mandatory minimum term of imprisonment, but delete the court's specific authority to depart from a mandatory minimum sentence for a juvenile tried as an adult for an offense involving possession of less than 650 grams.

Before this reform, a person convicted of manufacturing, delivering, or possessing with intent to deliver 650 grams or more of a mixture containing cocaine or a Schedule 1 or 2 narcotic had to be sentenced to imprisonment for life and was not eligible for parole, except a juvenile tried and convicted as an adult could be sentenced to imprisonment for any term of years, but less than 25 years. Under this bill, a person convicted of that offense would be eligible for parole after serving 15 years of his or her life sentence, if all of the following applied:

The prosecuting attorney or his or her successor had certified to the court, in writing, that the person cooperated with the law enforcement authorities. (The bill specifies that it would not confer a right to any individual to be certified.)

The court certified to the DOC, in writing, that it had determined that the prosecutor had certified the person's cooperation; that the person had never been convicted of a "violent felony," a controlled substances violation to the Public Health code that is punishable by imprisonment for four years or more, or a violation of a law of another state, a political subdivision of another state, or the United States that substantially cooresponded to a "violent felony" or a four year drug felony; and the person had never organized or maintained an illegal drug enterprise for more than two persons.

For a person convicted after the bill's effective date, the sentencing judge or the judge's successor certified to the DOC that he or she did not object to the person's release on parole.