Session: 2025-2026
ACLU-PA Position: Opposes
SB 92 (PN 47), also known as “Tyler’s Law,” would impose a mandatory minimum sentence of 10 years and a fine of $15,000 (or more) if:
- The defendant had two or more prior convictions related to drug delivery; OR
- The defendant had “received anything of value, directly or indirectly, as consideration for dispensing, delivering, giving, prescribing, selling or distributing any controlled substance or counterfeit controlled substance.”
Instead of reducing the instances of drug-related deaths, SB 92 would punish people struggling with substance use disorders. While we appreciate the urgency to address opioid related deaths, we cannot incarcerate our way out of the opioid epidemic, especially if that means incarcerating people who should instead be receiving medical treatment.
Furthermore, decades of research has shown that imposing mandatory minimum sentences:
- Have no deterrent effect on the offenses they penalize;
- Fuel mass incarceration;
- Disproportionately harm people of color;
- Give prosecutors an unfair advantage;
- Prevent judges from using their discretion at sentencing; and
- Do not make communities safer.
Mandatory minimum sentences fail to keep Pennsylvanians safe while driving up prison populations and costs for taxpayers. Despite their best intentions, legislators should resist resorting to demonstrably failed policies of the past.
