was the smarter sentencing act 2021 passed

In sum, the so-called 65% bill is like a pink unicorn: fun to imagine, but not real. Patrick Leahy (D-Vt.), Roger Wicker (R-Miss. Hackers/journalists/researchers: See these open data sources. The Smarter Sentencing Act of 2021 indicates that a courier that is found guilty under 960(b)(1)(H) would be subject to a mandatory minimum of 5 years and not more than life (a non-courier would be looking at 10-L) and a courier that is found guilty under 960(b)(2)(H) would be subject to a mandatory minimum of 2 years to life (a non-courier would be looking at 5-L under this section). 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. But efforts were severely hobbled last fall when Senate Majority Charles Schumer (D-NY), Sen Cory Booker (D-NJ) and Sen Ron Wyden (D-OR) introduced their own version of weed reform, the Cannabis Administration and Opportunity Act (S.4591). The bills titles are written by its sponsor. 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. There is no Easter Bunny. 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. Baltimore, MD 21201 Sure, the publics thirst for vengeance is slaked by such toughness. This bill was introduced in the 117th Congress, which met from Jan 3, 2021 to Jan 3, 2023. It was clear last summer that the First Step Implementation Act, the Smarter Sentencing Act, the COVID-19 Safer Detention Act (and the Prohibiting Punishment of Acquitted Conduct Act were going nowhere. This essay is part of the Brennan Centers series examining the punitive excess that has come to define Americas criminal legal system. % Rabiah Burks, 202-822-6700 Lee and Durbin first introduced the Smarter Sentencing Act in 2013. The bill also refines a number of Sentencing Commission goals such as keeping down the prison population and ensuring that Guidelines dont have adverse racial impacts. 4 0 obj Inflexible, harsh sentences exacerbate crime and racial disparities alike. The decision was unanimous by the Commission in favor of the reductions which impacts potentially 70% of the drug offense prison population. 13 Cosponsors GovTrack.us is not a government website. Unfortunately, to convince recalcitrant senators to support it, the retroactivity portions of the law were stripped out. Highlights of the measure include. About 50% of those federal inmates are serving sentences for drug-related offenses, increasing the taxpayer burden by more than 2,000%. Citations are generated automatically from bibliographic data as a convenience and may not be complete or accurate. 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. Florida experienced a50 percent spikein crimeafterenacting mandatory minimums. 3 0 obj 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. If youve visited a bill page on GovTrack.us recently, you may have noticed a new study guide tab located just below the bill title. The bill's Bi-Partisan support from both the Republican and Democratic parties helped increase its likelihood of moving through committee hearings. [7], On March 11, 2014 updates were done. 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). (More Info). 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. 1100 H Street NW, Suite 1000 At the same time, Durbin and Sen. Charles Grassley (R-Iowa) introduced S.1014, the First Step Implementation Act of 2021. The Brennan Center works to reform and defend our countrys systems of democracy and justice. Apr 26, 2023, But presidents still wouldnt be able to move their legal cases to the shows The Peoples Court or Divorce Court. 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? In October 2015 Bob Goodlatte (R-VA)revised it and used the name, H.R. 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. In 2013, House Judiciary Committee Chairman Bob Goodlatte (R-VA) established a six-month, bipartisan Over-Criminalization Task Force to address the scope and size of the federal criminal code and regulations. 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. Sens. The bill is sponsored by Sen. Dick Durbin (D- Ill.) and cosponsored by 11 of their colleagues. That should make sentencing changes that much harder, Politico said. His legislative record is riddled with bills he supported, and sometimes wrote, that filled BOP cells and encouraged states to do the same. 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. Language links are at the top of the page across from the title. 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. 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. Tweets & replies Any bill now pending in the House or Senate that has not passed will disappear on Jan 3, when the new 2-year Congress the 118th convenes. 3713 Sentencing Reform Act of 2015. |publisher=GovTrack.us First, mandatory minimums shackle judges. Directs the commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism. , as President Biden has suggested, seek the elimination of mandatory minimum[s].. (A)in the flush text following clause (viii), (i)by striking "10 years or more" and inserting "5 years or more"; Help us develop the tools to bring real-time legislative data into the classroom. Biden did issue an executive order canceling contracts with private prison operators, a nice change for the 14,000 people in those joints. 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. ], 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. (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). <> So the climate for criminal justice reform is getting ugly. Were collecting the statements of stakeholder organizations. This activity took place on a related bill, S. 1410 (113th). Congress first enacted mandatory minimums for drug offensesin the early 20th century. 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. 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. And with mid-terms putting all of the House and a third of Senate up for re-election in November and crime rates shooting up, getting legislators on board for criminal justice reform is going to be more challenging. Congress should pass the EQUALAct to ensure these penalties are equalized and fairness is restored to criminal sentencing.C. 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. Forget swinging the pendulum from tough-on-crime to leniency; it always swings back. Meanwhile, S.1014 the First Step Implementation Act is equally significant. 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. cutting mandatory minimums in the drug trafficking laws. Additionally, organizations were behind the bill and actively encouraging its passage. We hope to make GovTrack more useful to policy professionals like you. If anything here applies to you, contact us today. The House version of the Act had 18 co-sponsors by February 2014. The mandatory minimum for a courier under 21 USC 960, the importation statute, would essentially be cut in half. Required fields are marked *, 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. 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). 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. 1 0 obj rburks@famm.org. For Media Inquiries: It goes without saying that this would be a great bill if it manages to pass Congress and get to President Obama. 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. The bill is sponsored by Sen. Dick Durbin (D- Ill.) and cosponsored by 11of their colleagues. 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. 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. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence. Text for S.1013 - 117th Congress (2021-2022): Smarter Sentencing Act of 2021 The Smarter Sentencing Act gives federal judges the authority to conduct individualized reviews to determine the appropriate sentences for certain nonviolent drug offenses. 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 United States Sentencing Commission ( www.ussc.gov) prepared a publication called "Life Sentences in the Federal System" in February 2015. 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. If the Democrats fail to take advantage of the political opportunity in front of them, Forbes said last week, they risk ceding this issue to the Republicans if and when they take back control of Congress, possibly as soon as next year. 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. 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. 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. 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. 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). It was the end of 2020. It was clear last summer that the First Step Implementation Act, the Smarter Sentencing Act, the COVID-19 Safer Detention Act (and the Prohibiting Punishment of Acquitted Conduct Act were going nowhere. 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. The United States Senate has Bought forth the Smarter Sentencing Act of 2021, which will do much for mandatory minimums and "Couriers" if passed. The Smarter Sentencing Act of 2015 was a continued effort from the Smarter Sentencing Act of 2013/2014. 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? FAMM is a national nonpartisan advocacy organization that promotes fair and effective criminal justice policies that safeguard taxpayer dollars and keep our communities safe. 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). 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 However, despite bipartisan support for both bills, Senate Republicans shot them down, but with plenty of help from Senate Democrats and the Biden Administration. 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.. Racial disparities in the application of mandatory minimums are a particularly stark illustration of Wilkersons thesis. The FSA is the law that reduces the sentencing disparity between crack cocaine and powder cocaine. That means there are other bills with the number S. 2850. 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. President Biden and his attorney general havedenounced mandatory minimums, as did former Attorney General Eric Holder. 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. As for marijuana, the Senates failure to act comes as a repudiation of Bidens efforts for pot reform. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed. <>>> 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. 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. If anything, the EQUAL Acts failure was a bigger disappointment. Richard Durbin U.S. Senate 711 Hart Senate Building Washington, D.C. 20510 The Hon. My kids need their father home and I would love to have the help and our family complete . 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 would also apply these changes retroactively, giving people currently in prison an opportunity to receive a new sentence under the reformed law. The 113th Congress held several hearing and heard testimony through 2013 and 2014 without passage. 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. But some marijuana and cocaine reform even though it was not quite what was in the MORE Act and EQUAL Act that passed the House looked likely as late as last week. 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. Currently, a single misdemeanor in ones background can disqualify the defendant from safety valve consideration. Edits include language to define a serious violent felony and reducing the terms on a number of drug offenses. 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. (9 Democrats, 2 Independents, 2 Republicans). Introduced, on this bill on a six-point scale from strongly oppose to strongly support. Attempts to stitch up the tattered old paradigm are futile and will not eradicate the spreading stain of racial inequity. Alexander was charged and arrested in November 2021. The term 'courier' means a defendant whose role in the offense was limited to transporting or storing drugs or money.''. In 2018, Republicans passed the pro-criminal First Step Act. At the federal level alone, mandatory minimum penalties form the cornerstone of the human caging system. The bipartisan bill introduction was led by Sen. Dick Durbin (D-IL) and Sen. Mike Lee (R-Utah). |accessdate=May 1, 2023 This page was last edited on 15 January 2023, at 20:14. Our public interest mission means we will never put our service behind a paywall. The bill continued to gain momentum in the Senate and House. I certainly hope that it passes this year. With infrastructure and the $3.5 trillion spending bills taking center stage in Congress, it is unlikely that criminal justice reform will get any attention until next year. 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. 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. The Brennan Center works to build an America that is democratic, just, and free. The Smarter Sentencing Act, which passed the Senate Judiciary Committee, would take some of the sting out of federal drug sentencing. An online version of this release can be found, Sen. Lee Cosponsors the Smarter Sentencing Act. 3617), or for that matter anything else. 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. And there is reason to think it might succeed: it has support from the full range of the political spectrum, from Tea Party favorite Sen. Rand Paul to Democratic stalwart Sen. Carl Levin. The Justice Roundtable, Durbin, Lee Reintroduce Smarter Sentencing Act (Nov. 16). 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. Posted by: Elisia | Mar 26, 2021 5:35:17 PM. At the same time, Durbin and Sen. Charles Grassley (R-Iowa) introduced S.1014, the First Step Implementation Act of 2021. Le gustara continuar en la pgina de inicio de Brennan Center en espaol? Both parties and both chambers of Congress agreed to revisions to federal sentencing guidelines and the mandatory minimums. Smarter Sentencing Act of 2021, S. 1013, 117th Cong.. {{cite web The Smarter Sentencing Act: Achieving Fairness Through Financially Responsible Federal Sentencing Policies, 48 J. Marshall L. Rev. Sentencing Reform: Smarter Sentencing Act @SentencingR SUPPORT PAGE FOR SENTENCING REFORM *TITLE S.1013-117th CONGRESS (2021-2022): SMARTER SENTENCING ACT 2021* Pennsylvania, USA Joined June 2021 0 Photos and videos Photos and videos Tweets TweetsTweets, current page. FAMM has supported past versions of the Smarter Sentencing Act. The bill was introduced on July 31, 2013, by Sen. Richard Durbin (D-IL) and referred to the Judiciary Committee on October 20, 2013. This page is sourced primarily from }}. endobj More than 60% of federal district court judges agree that existing mandatory minimums for all offenses are too high. Zip. By June 2014, 25 co-sponsoring Senators (17 Democrat, 6 Republican and 2 Independent) joined to show their support. No one knows. 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. The United States Senate has Bought forth the Smarter Sentencing Act of 2021, which will do much for mandatory minimums and "Couriers" if passed. |title=S. The, Additionally, the bill corrects a weird anomaly in the, As for the two new bills, introduction hardly means approval. Our mission is to empower every American with the tools to understand and impact Congress. However, Durbins office said the central remaining sentencing reform in the Lee-Durbin legislation would reduce mandatory minimum penalties for certain nonviolent drug offenses.. The current MORE Act has collected only one Republican co-sponsor. 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).

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