GovTrack automatically collects legislative information from a variety of governmental and non-governmental sources. Sens. Chuck Grassley U.S. Senate 135 Hart Senate Office Building Washington, D.C. 20510 Dear Chairman Durbin and Ranking Member Grassley: We are writing to urge you to advance the Smarter Sentencing Act of 2021, a bipartisan bill that promotes It is related to the Justice Safety Valve Act of 2013, the Federal Prison Reform Act of 2013 (S. 1783) and others, in an effort to deal with the over-crowded, and under-funded, federal prison system. 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. . Any of these reforms would be a step toward establishing a new paradigm that abjures mandatory minimums and respects human dignity. establishes new, shorter mandatory minimum prison terms for a courier. On November 5, 2015 there was a significant move with the legislation. This page was last edited on 15 January 2023, at 20:14. Over the last 12 months, politicians hsome steps to advance justice reform. 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. 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. 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. 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. Sure, the publics thirst for vengeance is slaked by such toughness. "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 also added language making the reforms applicable to past cases. 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. 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). Even Grassley, who is not a co-sponsor but is unapologetically pro-reform, has outlined concerns about whether EQUAL could garner enough Republican support in the Senate to pass. The American people deserve better.. A new law that would reduce drug sentences passed a major Senate hurdle this week with bipartisan support. 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). Bills numbers restart every two years. Sentencing Law and Policy: Senators Durbin and Lee re-introduce Both parties and both chambers of Congress agreed to revisions to federal sentencing guidelines and the mandatory minimums. (1)in section 102 (21 U.S.C. 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. 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. This is a project of Civic Impulse, LLC. Baltimore, MD 21201 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. Phone: 410-244-5444 The Controlled Substances Act (21 U.S.C. 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 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: If passed, the Smarter Sentencing Act would reduce mandatory minimum sentences for drug trafficking and some drug importation offenses. No floor votes have been scheduled for any bills. The Schumer bill has been released as a working draft but has yet to be formally introduced. This is part of a new project to develop better tools for bringing real-time legislative data into the classroom. So what is real? (202) 224-7703, Durbin, Lee Introduce Smarter Sentencing Act. S.1013 - Smarter Sentencing Act of 2021 117th Congress (2021-2022) 802), by adding at the end the following: (2)in section 401(b)(1) (21 U.S.C. 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 Smarter Sentencing Act (S.1013) is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. Mar 25, 2021 117 th Congress (2021-2023) Status Died in a previous Congress This bill was introduced on March 25, 2021, in a previous session of Congress, but it did not receive a vote. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence. 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. The Brennan Center crafts innovative policies and fights for them in Congress and the courts. 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. SmarterSentencing would also create a new category of `courier for a defendant whose role was limited to transporting or storing drugs or money. Smarter Sentencing Act Passes Major Hurdle in Congress I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. 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. The bills titles are written by its sponsor. Its the legislative equivalent to taking a knee in the final minute of a football game. 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. The document discussed the sentencing guidelines causing life sentences to be issued for various types of offenses. [1] We are grateful to the sponsors for recognizing that this needed reform should apply to those currently serving excessive sentences.. By the summer recess, H.R.920 had 52 co-sponsors and S. 502 had 12. If anything, the EQUAL Acts failure was a bigger disappointment. It gained momentum on January 30, 2014 when the Senate Judiciary Committee passed it[5][6] and agreed to move the bill to the floor for additional work. Under the language of the version in the Senate Judiciary Committee, it authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed. 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. Legal Information Services Associates LLC, Showing Some Compassion: 18 USC 3582(c)(1)(A)(i), Supreme Court Justice Sotomayor noted last week, 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. 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. 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. 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. 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. 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. Document Citations. See Terms of Service, Then, Sen Charles Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee and introduced his, Sen. Booker then sought unanimous consent to release the stand-alone version of the, 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, FAMM vice president Molly Gill wants to see the, The fact that a large number of House Republicans joined Democrats in passing the, Congress was recessed all last week and for part of this one, so no legislative progress was made on the, But both senior senators acknowledge its not a glide path forward,, Meanwhile, Durbin said hes concerned about a, Senate aides on both sides of the aisle warn that, Since Bidens inauguration, criminal justice reform has taken a back seat to his more prominent initiatives, last Marchs, A couple of bills before Congress would reduce but not eliminate mandatory minimums: the, In the House, Republican Rep. Nancy Mace (South Carolina) introduced the. But the real work is to be done in Congress, whas yet to progress. The Smarter Sentencing Act gives federal judges the authority to conduct individualized reviews to determine the appropriate sentences for certain nonviolent drug offenses. FAMM releases statement on the introduction of the Smarter Sentencing 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. 841(b)(1)) Since then, the mandatory minimums paradigm has come under fire for three primary reasons: the reallocation of power from judges to prosecutors; the extension of racism and classism; and the failure to advance community safety. As for marijuana, the Senates failure to act comes as a repudiation of Bidens efforts for pot reform. The defendants in crack cases were overwhelmingly black. 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. Sen. Lee Cosponsors the Smarter Sentencing Act 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. 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 the words of the members of the bipartisan U.S. 1100 H Street NW, Suite 1000 . Meanwhile, S.1014 the First Step Implementation Act is equally significant. Based on my research and reading of the law the Smarter Sentencing Act replaces the mandatory minimum under 841(b)(1)(A) (which is 1 kilo of heroin, 5 kilograms of cocaine, 280 grams of cocaine base, 10 grams of LSD, 1000 Kilograms of Marijuana, 50 grams of meth and 500 grams of a substance containing meth) from 10 years to 5 years. endobj 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. 1 0 obj 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.. WASHINGTON FAMM President Kevin Ring released the following statement in support of the U.S. Senate introduction of the Smarter Sentencing Act of 2021, which would reduce mandatory minimum sentences for low-level drug offenses. <> The House had 38 co-sponsors (24 Democrat and 14 Republican). Posted by: Elisia | Mar 26, 2021 5:35:17 PM. Would you like to join our advisory group to work with us on the future of GovTrack? Copyright 2016-Present The Law Office of Jeremy Gordon. The Smarter Sentencing Act, which passed the Senate Judiciary Committee, would take some of the sting out of federal drug sentencing. Rather, anyprison time at allincreasesthe risk of future crimebecauseincarceration is inherently criminogenic; mandatory minimums only exacerbate this situation. He wrote, As a former influential senator and Judiciary Committee chairman, President Joe Biden is at least partially responsible for the explosive growth of our federal prison population. The First Step Act incorporated the life-to-25 year and the 20-to-15 year reductions, but not the remainders. 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. 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 . FAX: 410-934-3208. United States Senators Bring Forth Smarter Sentencing Act of 2021 Meanwhile, the less culpable little fish are yoked with high mandatory minimums. Hes blowing his opportunity (September 8, 2021), Deseret News, Conservatives should support sentencing reform for crack cocaine (September 8, 2021). We think all mandatory minimum sentencing laws should be repealed, Ring said. I certainly hope that it passes this year. . 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). Zero. Earlier Version Were collecting the statements of stakeholder organizations. Second, a lot of criticism of the President over the CARES Act. 3382) in the U.S. House of Representatives, and it gained cosponsors from both parties. No one knows. Legislation not passed by the end of a Congress is cleared from the books. Congress.gov is generally updated one day after events occur, and so legislative activity shown here may be one day behind. In a political environment where the parties compete for who can be more pro-criminal, the Democrats will always win. (More Info). The Smarter Sentencing Act also adds a courier exception to the importation statute of 21 usc 960, the importation statute. Attempts to stitch up the tattered old paradigm are futile and will not eradicate the spreading stain of racial inequity. 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 most comprehensive solution introduced in recent years was theMandatory Minimum Sentence Reform Act of 2017, which would have repealed all mandatory minimums for federal drug crimes.