Edwards' Bill Proposes Common Sense Sentencing Flexibility for Some Rx Drug Offenders

To continue Florida's successful efforts at combatting the state's opioid epidemic, Rep. Katie Edwards, D-Plantation, has introduced House Bill 797, a sentencing safety valve for certain prescription drug offenders.

Edwards explains in a written statement that the bill would allow state judges to depart from the mandatory minimum for prescription drug trafficking in cases where defendants have little or no criminal history, suffer from addiction or mental illness, did not use threats of violence, and did not possess a firearm in conjunction with their drug offense. HB 797 requires judges who depart from the mandatory minimum to explain their reasons at sentencing.

"Florida has made great strides in reducing overdose deaths from prescription painkillers. We've learned that we can't incarcerate our way out of the opioid epidemic, but we can take a more nuanced approach to deciding which offenders need long prison sentences and which ones can benefit from treatment programs, shorter prison stays, and other diversion programs," said Edwards.

In 2012, the Office of Program Policy Analysis & Government Accountability found an overwhelming majority of men and women serving time in Florida correctional facilities for prescription pill trafficking had no prior convictions for drug trafficking and no histories of violence. The office also found that 65 percent of these offenders suffered from substance abuse, and 61 percent were at low risk for reoffending.

Edwards also noted a Florida TaxWatch report that found Florida spends nearly $100 million annually incarcerating drug offenders serving mandatory minimum sentences. She also noted that OPPAGA found Florida could save millions of dollars by diverting low-level drug offenders into intensive rehabilitation and drug courts instead of prison. She added, "For these offenders, rehabilitation reduces recidivism better than prison. That means less crime, fewer victims and a more efficient criminal justice system."

"Some offenders need harsh prison sentences," Edwards said. "But our current laws take a one-size-fits all approach, leaving no room for sentences that reflect the circumstances of individual offenders. Giving a long mandatory minimum to a non-violent addict in lieu of court-ordered treatment is not only bad justice, it's bad policy."