New Law Authorizes Court to Waive or Reduce Parole Ineligibility or Grant Probation Instead of Mandatory Prison for Drug-Free School Zone Violations Under Certain Circumstances
This law authorizes the court to waive or reduce the minimum term of parole ineligibility or place on probation a person convicted of distributing, dispensing, or possessing with the intent to distribute a controlled dangerous substance while on or within a 1,000 feet of school property or a school bus.
In making a determination under the law, the court is required to consider the following factors:
(1) the extent of the person’s prior criminal record and the seriousness of the offenses;
(2) where the offense was committed in relation to the school property, including distance from the school or bus and the reasonable likelihood of exposing children to drug-related activities there;
(3) whether school was in session at the time of the offense; and
(4) whether children were present at or in the immediate vicinity of where the offense occurred.
A court would be prohibited under the law from waiving or reducing the minimum term of parole eligibility or placing the person on probation if:
(1) the offense occurred on school property or a school bus; or
(2) the defendant, while committing the offense, used or threatened violence; possessed a firearm; or resisted arrest or eluded a police officer.
A waived or reduced term of parole ineligibility or probation sentence imposed by the court under the law would not be final for 10 days so that the prosecution can appeal the court’s determination. A-2762/S-1866
