The 88th General Assembly
has convened the 2012 fiscal session

Monday, December 24, 2007

Ex Post Facto in reverse

Stephens Media has an article this morning about an Arkansas mother's pursuit to make a recently-modified criminal law retroactive to allow for the early release of her son, currently serving a 10 year sentence for manufacturing and possessing methamphetamine with intent to deliver. The 1997 statute mandating that meth manufacturers serve 70% of their sentence was modified in 2005 to 50% if the person completes substance abuse treatment and obtains a high school equivalency degree.

This is not your typical lobbying of an ex post facto law, but it still fits the definition of a law passed "after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action." Still, while this would actually be a constitutional move, I don't think the Legislature will be scrambling to adopt it.