As Reason magazine said last week, it wasnt just the close of just any year. The text goes on further directing the United States Sentencing Commission to consider the safety of the public when reducing the sentences of offenders and the Attorney General to report on the results of the Smarter Sentencing Act of 2015. In 1970, Congress repealed most drug-related mandatory minimums, taking more of apublic health approachto drug policy. Democrat. Although this bill was not enacted, its provisions could have become law by being included in another bill. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. Our mission is to empower every American with the tools to understand and impact Congress. Mandatory minimum penalties have played a large role in the explosion of the U.S. prison population, often leading to sentences that are unfair, fiscally irresponsible, and a threat to public safety, Sen. Durbin said in a press release. Preventive monitoring of conditions in American prisons can help shine a light on what needs to change. ), Sheldon Whitehouse (D-R.I.), Ron Wyden (D-Ore.), Richard Blumenthal (D-Ct.), Tammy Baldwin (D-Wis.), Cory Booker (D-N.J.), Elizabeth Warren (D-Mass. Reuters reported a week ago that Senate negotiators had reached a potential compromise. More than 60% of federal district court judges agree that existing mandatory minimums for all offenses are too high. making the Fair Sentencing Act of 2010, which reduced disparity between crack cocaine and powder cocaine from 100:1 to 18:1, retroactive. The U.S. Supreme Court ruled Monday that some crack cocaine offenders sentenced to . Smarter Sentencing Act of 2021 This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. Sens. The bad news is everything else. "Bill Summary: Smarter Sentencing Act of 2021", "Democrats and Republicans in Congress Actually Found Something to Agree on", "S. 502 / H.R. It doesnt have to be that way with criminal justice reform (January 1, 2022), S. 1014: First Step Implementation Act of 2021, Brookings Institution, The numbers for drug reform in Congress dont add up (December 22, 2021), Real Clear Politics, Recall, Remove & Replace Every Last Soros Prosecutor (December 20, 2021). WASHINGTON U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and Senator Mike Lee (R-UT), a member of the Senate Judiciary Committee, introduced bipartisan legislation that wouldmodernize federal drug sentencing polices by lowering certain mandatory drug sentences. How You Can Take Action: 1. Meanwhile, Durbin said hes concerned about a Second Step Acts prospects for passage, particularly given Republican accusations during Jacksons confirmation hearings that the justice-in-waiting was soft on crime. 224 Dirksen Senate Office Building Moreover, the current chair of the Senate Judiciary Committee is Senator Durbin and the current President campaigned on a platform that included an express promise to work for the passage of legislation to repeal mandatory minimums at the federal level. The principle that underlies mandatory minimums is dehumanization. . [3] The House and Senate Committees on the Judiciary was the next step in the bill being passed into law. (9 Democrats, 2 Independents, 2 Republicans). In the House, Republican Rep. Nancy Mace (South Carolina) introduced the first GOP-sponsored bill in Congress to legalize marijuana, hinting that there may be openness to a bipartisan solution in the future. Either MOREor CAOA would have been good for prisoners, but Democratic leaderships push of an alternative bill diluted the groundswell of support needed to get MORE passed. Finally, mandatory minimums do not promote community safety. And our overreliance on prisons makes us less safe bydiverting resourcesfrom other critical public safety needs. Federal Criminal Cooperation (Rule 3553 and the Safety Valve), Federal Halfway Houses and Home Confinement, Statements on Introduced Bills and Joint Resolutions. The Smarter Sentencing Act, an updated version of the Smarter Sentencing Act of 2019 (which went nowhere), continues the mandatory minimum adjustments to 21 USC 841(b), the sentencing section of the drug trafficking statute begun by the First Step Act. Meanwhile, S.1014 the First Step Implementation Act is equally significant. Although sentencing is supposed to be carried out by a neutral judge, mandatory minimums upend this system by positioning one adversary the prosecutor as the ultimate decision-maker, barring the judge from considering a persons history, culpability, or family responsibilities. Moreover, the current chair of the Senate Judiciary Committee is Senator Durbin and the current President campaigned on a platform that included an express promise to work for the passage of legislation to repeal mandatory minimums at the federal level. "The Smarter Sentencing Act is a commonsense solution that will greatly reduce the financial and, more importantly, the human cost imposed on society by the broken status quo. First, a letter sent last week by 25 state attorneys general to House and Senate leadership, urging an expansion of Section 404 of the First Step Act to include people sentenced under 21 USC 841(b)(1)(C). It would also replace the same portions in 841(b)(1)(B) from 5 years to two years (100 grams of a mix containing a detectable amount of heroin, 500 grams of cocaine, 28 grams of cocaine base, 1 gram of LSD, 100 kilograms or a mixture of a detectible amount of marijuana, 5 grams of meth or 50 grams of a substance containing meth) and from 10 years to 5 years. The votes of at least four members are required for the Commission to promulgate amendments to the Guidelines. The Commission has been paralyzed by lack of quorum since December 2018. rburks@famm.org. In fact, earlier this year,Garland reinstateda2010 Holder policythat incorporated along-standing directive to federal prosecutors: Where two crimes have the same statutory maximum and the same guideline range, but only one contains a mandatory minimum penalty, the one with the mandatory minimum should be charged. Congress was recessed all last week and for part of this one, so no legislative progress was made on the EQUAL Act (S.79), the MORE Act (H.R. Introduced in Senate (03/25/2021) Smarter Sentencing Act of 2021 This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. For prompt, courteous and skilled representation as your federal criminal defense attorney, contact us today to schedule a free phone consultation. Sens. Also, last years SSA reduced mandatory minimum sentences for drug offenses specified in 21 USC 841(b)(1)(A) and (b)(1)(B): from 10 years to 5 years for a first-time high-level offense (e.g., one kilogram or more of heroin). Lee and Durbin first introduced theSmarter Sentencing Actin 2013. Importantly, the bill makes its changes retroactive, enabling people who now have mandatory minimum sentenceschanged by the bill to ask their judges for a sentence reduction. Citations are generated automatically from bibliographic data as a convenience and may not be complete or accurate. Under the 2018 bill, the change affected people sentenced under 841(b)(1)(A) and (b)(1)(B), but not people sentenced under the lowest level of sentence, 841(b)(1)(C). At the same time, Durbin and Sen. Charles Grassley (R-Iowa) introduced S.1014, the First Step Implementation Act of 2021. She thanks Clare Downing, Mikaila Smith, Jaden Lessnick, and Michael Jeung for their tremendous research assistance and Professors Erica Zunkel and Judith Miller for resolutely bending the arc toward justice. Paradoxically, by criticizing arbitrary sentencing practices, these reformers (chief among them, Sen. Edward M. Kennedy of Massachusetts) ultimately helped usher in the current tough-on-crime era. Add a note about this bill. This page was last edited on 15 January 2023, at 20:14. Because of this, many individuals have been needlessly imprisoned for far too long in comparison to the crime committed. Under the 2018 bill, the change affected people sentenced under 841(b)(1)(A) and (b)(1)(B), but not people sentenced under the lowest level of sentence, 841(b)(1)(C). Still, EQUAL had a chance until Sen Tom Cotton (RAR) single-handedly stopped the Senate from considering the bill last Wednesday. Richard Durbin (D-Illinois), Mike Lee (R-Utah), and 11 cosponsors introduced S.1013, the Smarter Sentencing Act of 2021, seeking once again to reform some drug mandatory minimums. Earlier Version May 1, 2023 . Mandatory minimum penalties have played a large role in the explosion of the U.S. prison population, often leading to sentences that are unfair, fiscally irresponsible, and a threat to public safety, Durbin said. Your note is for you and will not be shared with anyone. FAMM supports this bill. While Congresswoman Sheila Jackson Lee(D-Texas) has introduced such a bill in a number of previous sessions of Congress since 2001, there is no such bill in the hopper now. The Bill: If passed, the Smarter Sentencing Act would reduce mandatory minimum sentences for drug trafficking and some drug importation offenses. Additionally, organizations were behind the bill and actively encouraging its passage. Meanwhile, the less culpable little fish are yoked with high mandatory minimums. Rabiah Burks, 202-822-6700 Durbin and Grassley both think a Second Step Act is needed to implement sentencing changes in the First Step law by making them retroactive, midterms are coming up in a little more than 6 months and campaign-season politics surrounding criminal justice reform threaten broader GOP support. The important but piecemeal work of criminal justice reform continued last week with two significant bills being introduced in the Senate. FAMMs focus on ending a one-size-fits-all punishment structure has led to reforms to sentencing and prison policies at the state and federal level and is paving the way to programs that support rehabilitation for the 94% of all prisoners who will return to our neighborhoods one day. The dominant paradigm is vulnerable, and instituting a new paradigm is both possible and crucial. Esta pgina no est disponible en espaol. But, in keeping with the chaos that arises from a paradigm shift, by the mid-1970s, anti-imprisonment and anti-discrimination reformers on the left beganrailingagainst the rehabilitative model because it gave judges too much discretion, precipitating disparities. Given that commitment, Prez Biden should be a vocal supporter of this bill or should oppose it only because it does not go far enough because it merely seeks to reduce mandatory minimum penalties for certain nonviolent drug offenses, rather than entirely eliminate them. We recommend the following MLA-formatted citation when using the information you see here in academic work: GovTrack.us. Long sentences also make it more difficult for people to reintegrate into society. A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. Thank you for joining the GovTrack Advisory Community! 3713 Sentencing Reform Act of 2015. First Step adjusted mandatory life in 841(b)(1)(A) to 25 years, and mandatory 20 years in the same subsection to 15 years. It might have even set a record. such person shall be sentenced to a term of imprisonment which may not be less than 5 2 years and not more than 40 years and if death or serious bodily injuryresults from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $5,000,000 if the defendant is an individual or $25,000,000 if the defendant is other than an individual, or both. But the MORE Act that passed the House in the last Congress the one with criminal retroactivity received only five Republican votes. We were a bit befuddled when Sen. Mike Lee (R-Utah) announced by press release on October 5, 2017, that he and Sen. Richard Durbin (D-Illinois) had reintroduced the Smarter Sentencing Act of 2017. It was not clear whether this was a complete retread of the Smarter Sentencing Act of 2015, S. 502, that died without a vote last December, or whether it was new and improved (or just different). FAMM The full list of cosponsors includes:Sens. Republicans who oppose the bill would almost certainly want to force vulnerable Senate Democrats to take tough amendment votes amid reports of rising violent crime in major cities and the approaching November election. (b)(1)(B): The 10-year mandatory minimumfor a prior drug offense would drop to 5 years, and the 5-year mandatory minimumfloor would drop to 2 years. S. 1013 117th Congress: Smarter Sentencing Act of 2021. Smarter Sentencing Act of 2021, S. 1013, 117th Cong.. {{cite web In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence. Alison Siegler is a clinical professor of law and the founding director of the Federal Criminal Justice Clinic at the University of Chicago Law School. First, a letter sent last week by 25 state attorneys general to House and Senate leadership, urging an expansion of, Second, a lot of criticism of the President over the, So when will Congress get to any criminal justice reform measures? Any of these reforms would be a step toward establishing a new paradigm that abjures mandatory minimums and respects human dignity. Highlights of the measure include. Along with Durbin and Lee, the bill is cosponsored by Senators Patrick Leahy (D-VT), Roger Wicker (R-MS), Sheldon Whitehouse (D-RI), Ron Wyden (D-OR), Richard Blumenthal (D-CT), Tammy Baldwin (D-WI), Cory Booker (D-NJ), Elizabeth Warren (D-MA), Bernie Sanders (I-VT), Angus King (I-ME), and Tim Kaine (D-VA). The Brennan Center works to build an America that is democratic, just, and free. If anything, the EQUAL Acts failure was a bigger disappointment. The confusion was compounded because we were unable to locate a draft of the, Currently, a single misdemeanor in ones background can disqualify the defendant from, After years of urging by the Sentencing Commission and studies showing that Congress rationale for the, Currently, the Byzantine sentencing regime in, The bill does not explicitly make any change it proposes retroactive other than the extension of the, Legal Information Services Associates LLC, Showing Some Compassion: 18 USC 3582(c)(1)(A)(i), Blue Christmas for Criminal Justice Reform Update for December 27, 2022, Prohibiting Punishment of Acquitted Conduct Act, EQUAL Act But Unequal Reform? The Smarter Sentencing Act is endorsed by the following organizations: American Conservative Union, Americans for Prosperity, Americans for Tax Reform, Association of Prosecuting Attorneys, Dream Corps JUSTICE, Due Process Institute, FAMM, Federal Public and Community Defenders, FreedomWorks, Justice Action Network, National Association of Criminal Defense Lawyers, Prison Fellowship, and R Street Institute. And there is no 65% Bill. Both version had been moved to committee for further discussion. Mandatory minimums dehumanize people by in the words of Judge Stephanos Bibas acting as sledgehammers rather than scalpels, falling with equal force on people whose circumstances are dramatically different from one another and preventing judges from calibrating punishment to suit the person or the crime. establishes new, shorter mandatory minimum prison terms for a courier. Phone: 410-244-5444 (1)in section 102 (21 U.S.C. . GovTrack automatically collects legislative information from a variety of governmental and non-governmental sources. It is a searing indictment of a broken Beltway when a bill that passed the House with an overwhelming bipartisan vote, endorsed by law enforcement and civil rights leaders alike, with 11 Republican co-sponsors and filibuster-proof majority support in the Senate, and an agreement between the relevant committee Chairman and Ranking Member for inclusion in the end-of-year package, fails to make it to the Presidents desk, Holly Harris, president and executive director of the Justice Action Network, said. He has promised clemency reform. One of the most important consequences of these confirmation hearings is there are district judges across the country who may have ambitions for elevations, Sen. Ted Cruz (R-TX), who led the charge against Judge Jackson, told CNN. (April 14, 2022), CNN, Ambitious trial judges could be wary after GOP attacks on Judge Jacksons sentencing record (April 11, 2022), Wichita Eagle, Former U.S. attorney tells how criminal justice could be more just (April 12, 2022). On March 25, 2021, Senators Durbin and several others introduced the Smarter Sentencing Act of 2021. About 50% of those federal inmates are serving sentences for drug-related offenses, increasing the taxpayer burden by more than 2,000%. Visit us on Mastodon Lee and Durbin first introduced the Smarter Sentencing Act in 2013. 2 0 obj SmarterSentencing would also create a new category of `courier for a defendant whose role was limited to transporting or storing drugs or money. While Ohio State law professor Doug Berman is skeptical of their chances, he notes that prior iterations of [the.
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