NCJ Number
161480
Date Published
1991
Length
21 pages
Annotation
SB142, the new drug trafficking law of July 1989, was analyzed with respect to its impact on drug cases, mandatory sentencing, and the need for extra detention and prison space to house additional offenders in Delaware.
Abstract
The law lowered the mandatory sentencing thresholds for drug trafficking. The threshold for the smallest mandatory sentence (3 years) was lowered from 15 grams to 5 grams of an illicit drug under the assumption that as little as 5 grams would involve drug trafficking rather than the lesser charge of drug delivery or drug possession. The analysis revealed that the new law caused the number of drug trafficking cases to almost double. However, the law did not cause a diversion of drug trafficking cases to weights just below 5 grams. The law may have contributed to a reduction in drug trafficking in Delaware; unlike nondrug trafficking felony and misdemeanor cases, drug trafficking cases have been declining since the second quarter of 1990. The law increased the need for space in correctional facilities. In the 4th quarter of 1990, about 13 extra detention beds and about 356 extra prison beds were needed. Figures and tables