A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. See Terms of Service, TWO BILLS CUTTING MANDATORY MINIMUMS, PROPOSING RETROACTIVITY, INTRODUCED INSENATE, 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. 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. I certainly hope that it passes this year. 1013 (117th) Several important reforms from theSmarter Sentencing Actwere included in the landmark First Step Act, which was enacted into law in 2018. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. TheFirst Step Actwas a critical move in the right direction, but there is much more work to be done to reform our criminal justice system. First Step adjusted mandatory life in 841(b)(1)(A) to 25 years, and mandatory 20 years in the same subsection to 15 years. The bill's Bi-Partisan support from both the Republican and Democratic parties helped increase its likelihood of moving through committee hearings. Inflexible, harsh sentences exacerbate crime and racial disparities alike. Lee and Durbin first introduced the Smarter Sentencing Act in 2013. Youve cast your vote. Yes, indeedy, the 2017 version of the bill is identical to old S.502, except for a boatload more sponsors (21 from both sides of the aisle). ], Far from the only effect, the Jackson hearings have also dampened the interest in doing what we call the Second Step Act, but were still seeing what can be worked out, Grassley said in a brief interview. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee., Our current federal sentencing laws are out of date and often counterproductive, said Lee. The bill is cosponsored by ten Democratic senators, including three presidential contenders, making the likelihood it will pass in the Senate virtually zero. Additionally, organizations were behind the bill and actively encouraging its passage. At The Law Office of Jeremy Gordon, we fight aggressively for our clients. The clocks running out. The current MORE Act has collected only one Republican co-sponsor. This produces theCooperation Paradox: Big fish who are more culpable and have information about other criminal activity can avoid a mandatory minimum by collaborating in the prosecution of others. Prosecutors use of mandatory minimums inover halfof all federal cases disproportionately impacts poor people of color and has driven theexponential growthin the federal prison population in recent decades. FAMM has supported past versions of the Smarter Sentencing Act. The bipartisanSmarter Sentencing Act of 2021would enact a narrower reform, reducing mandatory minimums for certain non-violent drug offenses and making other reforms retroactive. A lot of what had been contained in prior versions of the SSA, a bill which has been introduced in every Congress since 2013, was included in the First Step Act. 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. 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. In fact, prosecutors bring mandatory minimums65 percent more oftenagainst Black defendants, all else remaining equal. Data via the congress project. It was the end of 2020. Under 21 USC 960, the drug importation criminal statute, they get hammered with the same mandatory sentences as Mr. Big, the kingpin staying safely offshore. 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, the Smarter Sentencing Act would make the Fair Sentencing Act (FSA) retroactive. cutting mandatory minimums in the drug trafficking laws. The important but piecemeal work of criminal justice reform continued last week with two significant bills being introduced in the Senate. Apr 25, 2023. For Media Inquiries: The Senate bill, now named S.2123: Sentencing Reform and Corrections Act of 2015, was revised by Charles Grassley R-IA. 13 Cosponsors Another study similarly finds that some federal prosecutors charge Black and Latino individuals more often than white individuals with possession or sale of a quantity of drugs just sufficient to trigger a mandatory minimum; the disparity is highest in states with higher levels of racial animus.. endobj He has promised clemency reform. 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 bipartisan bill introduction was led by Sen. Dick Durbin (D-IL) and Sen. Mike Lee (R-Utah). It goes without saying that this would be a great bill if it manages to pass Congress and get to President Obama. Committee on the Judiciary, Durbin, Lee Introduce Smarter Sentencing Act (March 26, 2021), Congressional Record, Statements On Introduced Bills And Joint Resolutions (S.1013 and S.1014) (March 25, 2021), Sentencing Law and Policy, Senators Durbin and Grassley re-introduce Smarter Sentencing Act to reduce federal drug mandatory minimums (March 26, 2021), Your email address will not be published. The American people deserve better.. Would you like to join our advisory group to work with us on the future of GovTrack? We love educating Americans about how their government works too! 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. Patrick Leahy (D-Vt.), Roger Wicker (R-Miss. Because of this, many individuals have been needlessly imprisoned for far too long in comparison to the crime committed. A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. <> The Schumer bill has been released as a working draft but has yet to be formally introduced. That is, if a prosecutor charges someone with a 20-year mandatory minimum at the outset of a case and that person is found guilty, the judge not only has no power to change the charge, but is legally bound to put that person in prison for at least 20 years regardless of whether they were a leader or a lackey. Any judges looking for future promotions are going to think twice about letting violent criminals go or giving them a slap on the wrist, rather than following the law and imposing serious sentences for those who have committed serious crimes., [Editors note: While it is correct that Cruz has been described by one conservative columnist as being like a serpent covered in Vaseline who treats the American people like two-bit suckers in 10-gallon hats, some maintain that there are good snakes in Texas (but Sen. Cruz is not on their list). Most of the original text was lined through and new text was incorporated. But nothing can stop politicians from talking, even during vacations. Lee said, 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.. Congress must repeal federal mandatory minimums, make the change retroactive for those already serving mandatory minimum sentences, and incentivize states to follow suit. And our overreliance on prisons makes us less safe bydiverting resourcesfrom other critical public safety needs. Any bill introduced in the 117th Congress which began in January 2021 will stick around until the 117th expires a year from today. |author=117th Congress (2021) The sheer number of motions likely to be filed might be enough to give Congress pause on this one. 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? 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. 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. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. Tweets & replies The central remaining sentencing reform in the Durbin-Lee legislation would reduce mandatory minimum penalties for certain nonviolent drug offenses. Grassley was enraged, blasting the Garland memo as demanding that prosecutors ignore the text and spirit of federal statutes [and] undermining legislative efforts to address this sentencing disparity. And just like that, when the text of the 4,000-page, $1.7 trillion spending bill was released, the watered-down EQUAL Act was nowhere to be found. Examples abound for successful alternative methods that can greatly improve the current criminal legal system. 3 0 obj Currently, the dominant paradigm in the criminal legal system is the myth that imposing harsh mandatory minimum sentences and locking people of color in cages are necessary to keep white people safe. ., Our current federal sentencing laws are out of date and often counterproductive,said Sen. Lee. [1] S.1014 applies the same serious drug felony definition to all three subsections. The good news is that all of the talk about EQUAL which makes crack sentences equal to cocaine powder sentences suggests it has the support for passage. Help us develop the tools to bring real-time legislative data into the classroom. 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 current version of the Smarter Sentencing Act gives federal judges the authority to conduct individualized reviews to determine the appropriate sentences for certain nonviolent drug offenses, Durbin said in a press release. Young Americans have historically been the least involved in politics, despite the huge consequences policies can have on them. 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. [7], On March 11, 2014 updates were done. <>>> (9 Democrats, 2 Independents, 2 Republicans). Sen. Cotton, a hardline prohibitionist described by Beforeitsnews.com as someone who has never met a drug penalty he thought was too severe, objected. Since Bidens inauguration, criminal justice reform has taken a back seat to his more prominent initiatives, last Marchs American Rescue Plan, the Infrastructure Investment and Jobs Act in November, and the now seemingly-dead Build Back Better social-spending blowout. The FSA is the law that reduces the sentencing disparity between crack cocaine and powder cocaine. The sleeper in S.1014is that it would let virtually anyone sentenced under 841(c) prior to the 2018 First Step Actseek a reduction using a procedure a lot like the Fair Sentencing Act retroactivity motions. Half measures wont be effective; empirical work suggests that theObama administrations efforts to temper mandatory minimumsin drug cases did little to reduce sentences or racial disparities. Please help us make GovTrack better address the needs of educators by joining our advisory group. People like Cottonmake even common-sense federal criminal justice reform a hard sell. FAMM supports this bill. . . Heres how you can help. endobj 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. Finally, mandatory minimums do not promote community safety. 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. <> Politico ran an analysis last week reporting that Sens Richard Durbin (D-IL) and Charles Grassley (R-IA), the top Democrat and Republican on the Senate Judiciary Committee, are still talking about a merger of bills such as the First Step Implementation Act (S.1014), the Smarter Sentencing Act (S.1013), and the COVID-19 Safer Detention Act (S. 312) into a single narrow follow-up bill amending the First Step Act, Durbin and Grassley are calling aSecond Step Act. As written It also provides a retroactivity provision for the court to impose a reduced sentence for those sentenced before this act gets signed after considering the 3553(a) factors (someone looking for retroactive application of this section would also have to prove that they are a courier). It is common for legislative text to be introduced concurrently in multiple bills (called companion bills), re-introduced in The House had 38 co-sponsors (24 Democrat and 14 Republican). "Bill Summary: Smarter Sentencing Act of 2021", "Democrats and Republicans in Congress Actually Found Something to Agree on", "S. 502 / H.R. Citations available for content in Chicago, APA and MLA format. S.1933, Smarter Sentencing Act of 2017 (introduced Oct. 5, 2017), There is no crueler tyranny than that which is perpetrated under the shield of the law and in the name of justice. ~ Charles-Louis de Secondat, Baron de la Brde et de Montesquieu, The Spirit of Law (1748), Copyright 2022, LISA Foundation and Legal Information Services Associates LLC. Your email address will not be published. Biden did issue an executive order canceling contracts with private prison operators, a nice change for the 14,000 people in those joints. Sentencing reform is dead for another two years. In October 2015 Bob Goodlatte (R-VA)revised it and used the name, H.R. 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. Writing in the Washington Examiner last week, Matt Schlapp chairman of the American Conservative Union argued that Congress should act to ensure that CARES Act home confinees stay at home after the pandemic ends. 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. % It detailed the costs associated with inmates serving life sentences and detailed the consideration for public safety should modifying the guidelines and reducing the sentences occur. Of all the criminal justice reform bills in Congress the First Step Implementation Act (S.1014), the Smarter Sentencing Act (S.1013), the COVID-19 Safer Detention Act (S.312), the Prohibiting Punishment of Acquitted Conduct Act (S.601), the EQUAL Act (S.79) and the Marijuana Opportunity Reinvestment and Expungement Act (H.R. As for marijuana, the Senates failure to act comes as a repudiation of Bidens efforts for pot reform. 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. Alexander was charged and arrested in November 2021. The House version of the Act had 18 co-sponsors by February 2014. That means there are other bills with the number S. 2850. Because you are a member of panel, your positions on legislation and notes below will be shared with the panel administrators. |url=https://www.govtrack.us/congress/bills/117/s1013 The Act was passed by a vote of 13 to 5. FAMM vice president Molly Gill wants to see the EQUAL Act reintroduced next session. 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. Since 1980, the number of inmates in federal prison has increased by 653%. 841(b)(1)) endobj Still, it appeared up until a week ago that some crack cocaine relief would be jammed into the giant end-of-year spending bill. |accessdate=May 1, 2023 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.. The U.S. Supreme Court ruled Monday that some crack cocaine offenders sentenced to . Attempts to stitch up the tattered old paradigm are futile and will not eradicate the spreading stain of racial inequity. Legislation not passed by the end of a Congress is cleared from the books. And neither is the rumor that everyone will get a sentence cut because of COVID. The Brennan Center works to build an America that is democratic, just, and free. "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 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. Racial disparities in the application of mandatory minimums are a particularly stark illustration of Wilkersons thesis. On March 25, 2021, Senators Durbin and several others introduced the Smarter Sentencing Act of 2021. In March 2020, in response to the global coronavirus pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which among other things, created a temporary federal unemployment . Congress first enacted mandatory minimums for drug offensesin the early 20th century. 802), by adding at the end the following: (2)in section 401(b)(1) (21 U.S.C. The full list of cosponsors includes:Sens. If it did exist, it wouldnt get one now. 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. Right now, a defendant with two prior drug felonies (no matter how old) caught with five kilos of cocaine gets a mandatory life term: no ifs, ands or buts. And starting in 2019 well be tracking Congresss oversight investigations of the executive branch. Its the legislative equivalent to taking a knee in the final minute of a football game. What the current version contains is unclear, because the text of the proposed bill has not yet been released. Mandatory minimums provide prosecutors with weapons to bludgeon defendants into effectively coerced plea bargains and convince people to cooperate against others. Washington, DC 20510 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. 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). Meanwhile, S.1014 the First Step Implementation Act is equally significant. Preventive monitoring of conditions in American prisons can help shine a light on what needs to change. Florida experienced a50 percent spikein crimeafterenacting mandatory minimums. This is the one from the 117th Congress. cutting mandatory minimums in 21 USC 960 for drug mules carrying drugs into the country courier in half. The confusion was compounded because we were unable to locate a draft of theSmarter Sentencing Act of 2017 anywhere over the next 10 days. Meanwhile, the less culpable little fish are yoked with high mandatory minimums. In October, the president pardoned thousands of people convicted of simple marijuana possession (although no one pardoned was in federal prison) and said his administration would review how the drug is categorized. A 65% bill would stand a chance of passage approaching zero. Congress should pass the EQUALAct to ensure these penalties are equalized and fairness is restored to criminal sentencing.C. Last week, Unfortunately, soft-on-crime policies have been, at times, a bipartisan problem. With boththe House nor Senate closed for aChristmas-Passover-Kwanzaa-New Years vacation until next Tuesday, the 117thCongress is done. 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. This bill was introduced on March 25, 2021, in a previous session of Congress, but it did not receive a vote. This is a project of Civic Impulse, LLC. Given that reform efforts by the Department of Justice would provide, at best, a temporary fix, congressional action is needed to shift the paradigm and mitigate racial inequality. The term 'courier' means a defendant whose role in the offense was limited to transporting or storing drugs or money.''. In the mid-80s, mandatory minimumsreentered the federal system with a vengeanceas a pillar of President Reagans War on Drugs. By the end of the 1980s,all 50 stateshad enacted mandatory minimums. In contrast, studies show that shorter sentences in drug casesneither diminish public safetynorincrease drug abuse. The bad news is everything else. His legislative record is riddled with bills he supported, and sometimes wrote, that filled BOP cells and encouraged states to do the same. 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. For prompt, courteous and skilled representation as your federal criminal defense attorney, contact us today to schedule a free phone consultation. The United States Sentencing Commission ( www.ussc.gov) prepared a publication called "Life Sentences in the Federal System" in February 2015. The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. If anything, the EQUAL Acts failure was a bigger disappointment. That gives it a fighting chance of passing in todays barely Democrat-controlled Congress.. The only question is when Senate Majority Leader Chuck Schumer (D-NY) will bring it up for a vote. She previously served as an attorney with the Federal Defender Program in Chicago. Bills are generally sent to the Library of Congress from GPO, the Government Publishing Office, a day or two after they are introduced on the floor of the House or Senate. 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. 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. S.1014 applies the same serious drug felony definition to all three subsections. If the new law is passed, someone who was sentenced for a crack cocaine offense before the FSA was enacted could file a motion and seek a shorter sentence under the FSA sentencing scheme. We anticipate that the provisions of the two bills will be blended into a single package by the Senate Judiciary Committee. Hackers/journalists/researchers: See these open data sources. All of that would be great, but as Supreme Court Justice Sotomayor noted last week currently, six of the seven voting members seats are vacant.
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