The defendants in crack cases were overwhelmingly black. The SSAwould make the FSA retroactive, permitting defendants sentenced harshly prior to the adoption of the law eligible for resentencing, at their judges discretion, to a more reasonable term. Apr 25, 2023. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances. rburks@famm.org. 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. 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. This bill was introduced in the 117th Congress, which met from Jan 3, 2021 to Jan 3, 2023. Baltimore, MD 21201 In short, federal incarceration has become one of our nations biggest expenditures, dwarfing the amount spent on law enforcement. First, mandatory minimums shackle judges. 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). The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. In October 2015 Bob Goodlatte (R-VA)revised it and used the name, H.R. This is the one from the 116 th Congress. On March 25, 2021, Senators Durbin and several others introduced the Smarter Sentencing Act of 2021. Congressmen Bobby Scott (D-VA) and Raul Labrador (R-ID) introduced the Smarter Sentencing Act (H.R. The Task Force expired in November 2013, but advocates supported a re-authorization for another six-month term and asked the chairman to hold a hearing on sentencing laws. Congress.gov is generally updated one day after events occur, and so legislative activity shown here may be one day behind. 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. With boththe House nor Senate closed for aChristmas-Passover-Kwanzaa-New Years vacation until next Tuesday, the 117thCongress is done. By joining our advisory group, you can help us make GovTrack more useful and engaging to young voters like you. Under the SSA, a 10-year mandatory minimum sentence would become 5 years, 20 years would become 10 years, five years would become two 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. In sum, the so-called 65% bill is like a pink unicorn: fun to imagine, but not real. 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). (A)in the flush text following clause (viii), (i)by striking "10 years or more" and inserting "5 years or more"; The measure is also backed by Attorney General Eric Holder, although, oddly enough, it is opposed by the National Association of Assistant United States Attorneys, which calls the current drug-sentencing scheme well-constructed and well worth preserving., 1 N. Charles St., Suite 1301 More than 60% of federal district court judges agree that existing mandatory minimums for all offenses are too high. While Ohio State law professor Doug Berman is skeptical of their chances, he notes that prior iterations of [the Smarter Sentencing Act] got votes in Senate Judiciary Committee from the likes of Ted Cruz and Rand Paul. . The mandatory minimum for a courier under 21 USC 960, the importation statute, would essentially be cut in half. The Smarter Sentencing Act proposes similar adjustments: (b)(1)(A): The 15-year mandatory minimumfor a prior drug offense would drop to 10 years, and the 10-year mandatory minimumfloor would drop to 5 years. Download PDF II 117th CONGRESS 1st Session S. 1013 IN THE SENATE OF THE UNITED STATES March 25, 2021 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. As of the date of this report, we have no bill number to associate with the legislation. On New Years Day, the San Francisco Chronicle called for a targeted bill to abolish mandatory minimums, said, The good news is that criminal justice reform can be accomplished with relatively limited expenditures compared to, for example, Build Back Betters sweeping expansion of the social safety net. Please join our advisory group to let us know what more we can do. Sure, the publics thirst for vengeance is slaked by such toughness. Thank you for joining the GovTrack Advisory Community! from 10 years to 5 years for a low-level offense after one prior felony drug offense. As of 03/27/2021 text has not been received for S.1013 - A bill to focus limited Federal resources on the most serious offenders. The central remaining sentencing reform in the Durbin-Lee legislation would reduce mandatory minimum penalties for certain nonviolent drug offenses. It would extend retroactivity to anyone sentenced for drug or stacked 924(c) offenses sentenced prior to the 2018 First Step Act and let judges waive criminal history limitations that keep defendants from getting the 18 USC 3553 safety value. First Step adjusted mandatory life in 841(b)(1)(A) to 25 years, and mandatory 20 years in the same subsection to 15 years. But then, Attorney General Merrick Garland picked the middle of the negotiations to issue a memo directing federal prosecutors to promote the equivalent treatment of crack and powder cocaine offenses in two ways. A couple of bills before Congress would reduce but not eliminate mandatory minimums: the EQUAL Act (lowers minimums for crack to equal those of powder) has passed the House but hasnt yet cleared committee in the Senate; the MORE Act (decriminalizes marijuana retroactively) has been approved by a House committee but has not been passed by the House or Senate; the First Step Implementation Act (makes First Step mandatory minimum reductions retroactive) and the Smarter Sentencing Act (reduces mandatory minimum penalties for certain nonviolent drug offenses only) have not even cleared committee in either the House or Senate. Democrat. Senior Senator for Illinois. So in other words, it would look like this: such person shall be sentenced to a term of imprisonment which may not be less than 10 5 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than lifeIf any person commits such a violation after a prior conviction for a serious drug felony or serious violent felonyhas become final, such person shall be sentenced to a term of imprisonment of not less than 15 10years and not more than life imprisonment and if death orserious bodily injury results from the use of such substance shall be sentenced to life imprisonment. This bill would eliminate the crack/powder disparity that results in longer mandatory minimum sentences for Black Americans; but it would not end mandatory minimums. But somehow, when the public sees the same defendant, bent and gray, shuffling across the prison yard a quarter century later, the tough sentence seems pretty wasteful. (2023). Last week, Unfortunately, soft-on-crime policies have been, at times, a bipartisan problem. Visit us on Instagram, If sponsors had their way, the lyric in Youre a Grand Old Flag would change its description of America to a country where theres never Apr 27, 2023, March 29 was an unusually busy day in Congress for one Arizona Republican. The debate over crack versus powder cocaine has no basis in science, in rationality, or in ethics. 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? It was the end of 2020. 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. This activity took place on a related bill, S. 1410 (113th). 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. Finally, mandatory minimums do not promote community safety. The House version of the Act had 18 co-sponsors by February 2014. You recall that in Terry v. United States last June, the Supreme Court held that Section 404 did not qualify pre-2010 crack sentences for sentence reduction. 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. And starting in 2019 well be tracking Congresss oversight investigations of the executive branch. Federal Criminal Cooperation (Rule 3553 and the Safety Valve), Federal Halfway Houses and Home Confinement, Statements on Introduced Bills and Joint Resolutions. Lee and Durbin first introduced the Smarter Sentencing Act in 2013. Home Blog News and Politics United States Senators Bring Forth Smarter Sentencing Act of 2021, On March 25, 2021, Senators Durbin and several others introduced the Smarter Sentencing Act of 2021. WASHINGTON Sen. Mike Lee (R-Utah) cosponsored the Smarter Sentencing Act, bipartisan legislation designed to bring judicial discretion and flexibility to non-violent drug charge sentencing. }}. The bad news is everything else. Attempts to stitch up the tattered old paradigm are futile and will not eradicate the spreading stain of racial inequity. It was proposed to strike "mandatory life imprisonment to "not less than 25 years. "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. 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. Florida experienced a50 percent spikein crimeafterenacting mandatory minimums. Instead, we need a paradigm shift. Sen. Cotton, a hardline prohibitionist described by Beforeitsnews.com as someone who has never met a drug penalty he thought was too severe, objected. The principle that underlies mandatory minimums is dehumanization. EQUAL, like the marijuana-friendly SAFE Banking Act was proposed as an addition to the catch-all spending package, an effort that Cotton frustrated. The act also proposes to trade the language of "Felony Drug Offense" in 841 with "serious drug felony" or "serious violent felony," the new language from the FIRST STEP Act of 2018. . <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 14 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> I certainly hope that it passes this year. While Ohio State law professor Doug Berman is skeptical of their chances, he notes that prior iterations of [the Smarter Sentencing Act] got votes in Senate Judiciary Committee from the likes of Ted Cruz and Rand Paul. Second, prosecutors power over mandatory minimums in turn creates racial disparities, obliterating any pretense of an unbiased system. Bupkis. A paradigm shift occurs in three phases: it starts with a dominant paradigm, moves through a crisis phase, and ends with a revolutionary change in world-view that constitutes a new dominant paradigm. In the last iteration of the bill, S.1933 (115th Congress, 2017-18), the bill proposed an expanded safety valve under 18 USC 3553(f) to allow a court to impose a sentence below the statutory mandatory minimum for an otherwise eligible drug offender who has three or fewer criminal history points. I pray something is passed. The state attorneys general want legislation to change that. Young Americans have historically been the least involved in politics, despite the huge consequences policies can have on them. As written (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. After years of urging by the Sentencing Commission and studies showing that Congress rationale for the ADA that crack was more addictive and crack offenses more violent was bunkum, Congress passed the Fair Sentencing Act in 2010. Phone: (202) 822-6700, FAMM releases statement on the introduction of the Smarter Sentencing Act of 2021, FAMM and NACDL Present: The Vanishing Trial, FAMMsubmits testimony in support of Illinois medical release bill, FAMM releases statement followingSenate introduction of the First Step Implementation Act. He added that if Democrats agree to certain provisions related to law enforcement, that might make it possible to get something done.. 911 (2015) Colleen Shannon Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Criminal Law Commons, Criminal Procedure Commons, and the Law Enforcement and Corrections Commons Update for April 21, 2022, Cruz has been described by one conservative columnist, Its Halftime for the 117th Congress, and Criminal Justice Reform Has Been Held Scoreless Update for January 3, 2022, canceling contracts with private prison operators, There Aint No Easter Bunny Update for September 16, 2021, U.S. House Judiciary Committee with a vote of 36-5, Drug and 924(c) Sentence Reduction, Retroactivity Bills Introduced Update for March 29, 2021, Supreme Court Justice Sotomayor noted last week, Smarter Sentencing Act Back In The Senate Hopper Update for November 19, 2019, Smarter Sentencing Act: Just Like Before, But With More Sponsors Update for October 17, 2017, Biden Commutes Sentences of 31 People Who Are Already At Home Update for May 1, 2023, Code Blue At BOP, GAO Says Update for April 28, 2023, Phoning It In On Review of Magistrates Decision Not Good Enough Update for April 27, 2023, Nothing Really IS Sacred Update for April 25, 2023, Three First Step Reform Retread Bills Introduced Update for April 24, 2023, FBI Legal Handbook for Special Agents 2003, FBI Domestic Investigations and Operations Guide 2008, FBI Manual of Investigative Operations & Guidelines 1998, FBI Manual of Administrative Operations & Procedures 1998, Federal Public Defender lawyers resources. It also added language making the reforms applicable to past cases. It would not affect mandatory minimums in21 USC 841(b). The Bill: If passed, the Smarter Sentencing Act would reduce mandatory minimum sentences for drug trafficking and some drug importation offenses. Le gustara continuar en la pgina de inicio de Brennan Center en espaol? x\[o6~GH([8^bpI\';3%9$;v8swM1[x^r.~^\=-/}Urs~.y{HF_i<=Q:=Q dEB$6.Sq[1S\>U!zP$H\(PzA PI`6>Zpozd8E5ztcME}OE#D!V|pvr?~LafR,[|jYm*mr'\N5{wu+3JMnc. The SSA will give judges the flexibility and discretion they need to impose stiff sentences on the most serious drug lords and cartel bosses, while enabling nonviolent offenders to return more quickly to their families and communities., 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. People like Cottonmake even common-sense federal criminal justice reform a hard sell. While the Judiciary Committee held a hearing on the crack-cocaine disparity bill last year, it has yet to schedule a markup. Sentencing reform is dead for another two years. Several of its provisions made it into theFirst Step Act, which was enacted into law in 2018, but the changes in mandatory minimums for most drug offenses would not. from life to 25 years for a high-level offense after two or more prior felony drug offenses, from 5 years to 2 years for a first-time low-level offense (e.g., 100 to 999 grams of heroin), and. [7], On March 11, 2014 updates were done. WASHINGTON - Sen. Mike Lee (R-Utah) cosponsored the "Smarter Sentencing Act," bipartisan legislation designed to bring judicial discretion and flexibility to non-violent drug charge sentencing. 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. 3382) in the U.S. House of Representatives, and it gained cosponsors from both parties. Legislation not passed by the end of a Congress is cleared from the books. 2021. Currently, the Byzantine sentencing regime in 21 USC 841(b) provides differing levels of mandatory minimum sentences for various quantities of different drugs, various number of prior drug felonies, and whether death or serious injury resulted from the drug dealing. 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. Both parties and both chambers of Congress agreed to revisions to federal sentencing guidelines and the mandatory minimums. New Republic: Three Incredibly Popular Things That Congress Chose to Leave Out of the Spending Bill (December 20, 2022), Reason, Congress Yet Again Fails To Pass Crack Cocaine Sentencing Reforms (December 20, 2022), Marijuana Moment, Schumers last ditch cannabis banking push (December 19, 2022), Reason, Merrick Garlands New Charging Policy Aims To Ameliorate the Damage His Boss Did As a Drug Warrior (December 19, 2022), Beforeitsnews.com, The Failure To Enact Marijuana Banking and Crack Sentencing Reforms Is a Window on Congressional Dysfunction (December 22, 2022), Filter, The Limits of AGs Guidelines Against Crack-Powder Sentencing Disparity (December 21, 2022). Citations available for content in Chicago, APA and MLA format. The Senate version of 2013/2014, called S 1410, was introduced by Richard Durbin (D-IL) and Patrick Leahy (D-VT). Until that happens, we will support any and all steps to reduce and reform them, including this great bill. Washington, DC 20510 Sens. Long sentences also make it more difficult for people to reintegrate into society. Youre more than a vote, so support GovTrack today with a tip of any amount: Or keep using GovTrack for free! So the climate for criminal justice reform is getting ugly. She previously served as an attorney with the Federal Defender Program in Chicago. 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. Sen. Angus King co-sponsors the 'Smarter Sentencing Act' NEWS CENTER Maine 38.9K subscribers Subscribe 213 views 1 year ago The 'Smarter Sentencing Act' would allow federal judges to. The dominant paradigm is vulnerable, and instituting a new paradigm is both possible and crucial. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. Its the legislative equivalent to taking a knee in the final minute of a football game. Patrick Leahy (D-Vt.), Roger Wicker (R-Miss. Even though federal prosecutors all of whom are subject to supervision by the Department of Justice have long been the primary proponents of mandatory minimums, Attorney General Merrick Garland affirmed this position during his confirmation hearings: We should . Well be in touch. The House of Representatives version, known as HR920, was re-introduced by Idaho Republican Raul Labrador in February 2015. To make matters worse, Garland chosenotto reinstate a 2013 Holder policy that both directed prosecutors to decline to charge a mandatory minimum in low-level, non-violent drug offenses and explicitly acknowledged that such sentences do not promote public safety, deterrence, and rehabilitation. After twenty years defending people charged with federal crimes, Ive learned that prosecutors are rarely agents of change. (ii)by striking "not be less than 10 years" and inserting "not be less than 5 years"". If they decide that a mandatory minimum should be charged, they should charge the pertinent statutory quantities that apply to powder cocaine offenses. And at sentencing, prosecutors should advocate for a sentence consistent with the guidelines for powder cocaine rather than crack cocaine.. endobj The safety valve is critical to many defendants because a) it lowers their offense level by two points and b) it can drop an offender below a mandatory minimum sentence. The bill did not have any further action in the legislative season as was re-introduced as the Smarter Sentencing Act of 2015 (or S502) by Republican Senator of Utah Mike Lee. The U.S. Supreme Court has ruled that low-level crack cocaine offenders cannot benefit from a 2018 federal law. Additionally, the bill corrects a weird anomaly in the First Step Act that redefined prior drug cases for which a defendant can get an 851 enhancement (which increases the mandatory minimum where the defendant has certain prior drug convictions) to limit such priors to crimes punishable by more than 10 years for which the defendant was actually sentenced to more than a year. 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. In the words of the members of the bipartisan U.S. The bipartisan Smarter Sentencing Act of 2021 would enact a narrower reform, reducing mandatory minimums for certain non-violent drug offenses and making other reforms retroactive. The Act was passed by a vote of 13 to 5. from 20 years to 10 years for a high-level offense after one prior felony drug offense. Over the past century, the mandatory minimums paradigm has moved through the second phase of a paradigm shift the crisis phase becoming the subject of dispute and controversy. expanding the safety valve contained in 18 USC 3553(f) which permits court to relieve low-level drug offenders with relatively clean records to avoid mandatory minimum sentences under some circumstances to include people with slightly more criminal history. However, despite bipartisan support for both bills, Senate Republicans shot them down, but with plenty of help from Senate Democrats and the Biden Administration. It would return to judges some of the vital discretion they need to provide more individualized sentencing and enable many people convicted of low-level offenses to return home to their families much sooner. SmarterSentencing would also create a new category of `courier for a defendant whose role was limited to transporting or storing drugs or money. Retrieved from https://www.govtrack.us/congress/bills/117/s1013, S. In fact, prosecutors bring mandatory minimums65 percent more oftenagainst Black defendants, all else remaining equal. For nearly three decades, FAMM has united the voices of affected families, the formerly incarcerated, and a range of stakeholders and advocates to fight for a more fair and effective justice system. Second, a lot of criticism of the President over the CARES Act. The Smarter Sentencing Act ( S. 1013) is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. The Senate has to confirm at least three new members and none has yet been nominated by President Biden before the Commission can do anything.
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