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BOISE, Idaho (CBS 2) — In Idaho, drug trafficking crimes are punished with mandatory minimum sentences, meaning a person convicted of such a crime must serve the time prescribed by state law.

A judge cannot reduce that time, even if he or she wants to.

But this week, the Idaho House passed a bill 48 to 21 to eliminate mandatory minimum sentences in drug cases.

Rep. Ilana Rubel, (D) Boise, is a co-sponsor.

"The bill that passed the House would give judges the freedom, where they think the mandatory minimum sentence would create a manifest injustice and where they feel there's no need to have that mandatory minimum to protect public safety, it gives the judge the freedom to depart from that and give a sentence they feel is more appropriate," said Rep. Rubel.

But the bill's chances in the Senate, where it's headed next, are slim to none.

"Right," said Rep. Rubel. "We're frustrated."

That's because Sen. Todd Lakey, chairman of the Senate Judiciary and Rules Committee, won't give the bill a hearing.

"I think it's bad public policy," said Sen. Todd Lakey, (R) Nampa.

Lakey, a former prosecutor, believes mandatory minimum sentences are a good deterrent.

"If we remove those mandatory minimums, we're going to have more drug deals that happen in Idaho. Because we have those in place, we have fewer deals happening."

But Rubel says getting rid of mandatory minimums would ease prison overcrowding and reduce the costs of building more prisons in idaho.

Lakey proposes a compromise bill: leave mandatory minimums in place, but increase the amounts of heroin that would trigger those mandatory sentences.

It remains to be seen if Sen. Lakey can be persuaded to hold a hearing on the House bill.

Lakey has made it clear from the start of the session that he is not inclined to do so.

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