Write your legislator today! Hackers/journalists/researchers: See these open data sources. Were looking for feedback from educators about how GovTrack can be used and improved for your classroom. 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 important but piecemeal work of criminal justice reform continued last week with two significant bills being introduced in the Senate. Patrick Leahy (D-Vt.), Roger Wicker (R-Miss. How You Can Take Action: 1. The committees assigned to this bill passed the act by a vote of 15-5 and sent it to the House or Senate as a whole for consideration on October 22, 2015. They become casualties of a process that sets aside proportionality or mercy in favor of increasing the number of convictions. Bills numbers restart every two years. 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. But as is the case with so many New Years expectations, quite a bit also stayed the same. 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. 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. Congress should pass the EQUALAct to ensure these penalties are equalized and fairness is restored to criminal sentencing.C. Please sign up for our advisory group to be a part of making GovTrack a better tool for what you do. Legislation not passed by the end of a Congress is cleared from the books. Only a few bills have been voted out of committee in the Senate the COVID-19 Safer Detention Act, the First Step Implementation Act of 2021, and the Prohibiting Punishment of Acquitted Conduct Act. ), Bernie Sanders (I-Vt.), Angus King (I-Maine), and Tim Kaine (D-Va.). 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. This change was incorporated into the First Step Act. And starting in 2019 well be tracking Congresss oversight investigations of the executive branch. On the contrary, we suffer from an under-incarceration problem. The column called on Congress to end the jailbreak of slashed sentences and the broader civilizational suicide of the criminal justice reform., Politico, Criminal justice reform faces political buzzsaw as GOP hones its midterm message (April 14, 2022), Politico, Whats next for criminal justice reform? . 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. . 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. 841(b)(1)(A) and (b)(1)(B). FAMM is a national nonpartisan advocacy organization that promotes fair and effective criminal justice policies that safeguard taxpayer dollars and keep our communities safe. 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. 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. GovTrack.us is not a government website. While Ohio State law professor Doug Berman is skeptical of their chances, he notes that prior iterations of [the, SMARTER SENTENCING ACT RE-INTRODUCED IN SENATE, A lot of what had been contained in prior versions of the. This activity took place on a related bill, S. 1410 (113th). 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 is cosponsored by ten Democratic senators, including three presidential contenders, making the likelihood it will pass in the Senate virtually zero. This misguided push by Republicans to win applause from liberals strengthened the hand of radicals like George Soros. Rabiah Burks, 202-822-6700 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. Any bill introduced in the 117th Congress which began in January 2021 will stick around until the 117th expires a year from today. Delays can occur when there are a large number of bills to prepare or when a very large bill has to be printed. Although sentencing is supposed to be carried out by a neutral judge, mandatory minimums upend this system by positioning one adversary the prosecutor as the ultimate decision-maker, barring the judge from considering a persons history, culpability, or family responsibilities. PDF April 12, 2021 The Hon. Richard Durbin Washington, D.C. 20510 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. Biden did issue an executive order canceling contracts with private prison operators, a nice change for the 14,000 people in those joints. The disparity has been diluted by Congress over the last decade the 2010 Fair Sentencing Act reformed the disparity to be 18 to 1 instead of 100 to 1, and the 2018 First Step Act made the . As for the two new bills, introduction hardly means approval. 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. In the words of the members of the bipartisan U.S. It was proposed to strike "mandatory life imprisonment to "not less than 25 years. 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. 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. The Smarter Sentencing Act also adds a courier exception to the importation statute of 21 usc 960, the importation statute. (202) 224-7703, Durbin, Lee Introduce Smarter Sentencing Act. The Smarter Sentencing Act of 2015 was a continued effort from the Smarter Sentencing Act of 2013/2014. Forget swinging the pendulum from tough-on-crime to leniency; it always swings back. It would do so in three ways: First, it would expand eligibility for the drug "safety valve" so that people with some criminal history - up to Guidelines Category II - would still be eligible. April 12, 2021 The Hon. 1 0 obj He can and should instruct federal prosecutors to refrain from charging and seeking mandatory sentences, especially in drug cases, wherepopular opposition to mandatory minimumsis strongest. Because of this, many individuals have been needlessly imprisoned for far too long in comparison to the crime committed. Both version had been moved to committee for further discussion. 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.. cutting mandatory minimums in 21 USC 960 for drug mules carrying drugs into the country courier in half. Reuters reported a week ago that Senate negotiators had reached a potential compromise. 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. 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. In 1970, Congress repealed most drug-related mandatory minimums, taking more of apublic health approachto drug policy. 13 Cosponsors subsequent sessions of Congress in new bills, or added to larger bills (sometimes called omnibus bills). establishes new, shorter mandatory minimum prison terms for a courier. 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. An online version of this release can be foundhere. The Schumer bill has been released as a working draft but has yet to be formally introduced. 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 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. However, Durbins office said the central remaining sentencing reform in the Lee-Durbin legislation would reduce mandatory minimum penalties for certain nonviolent drug offenses.. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. [4] Sentencing Reform and Corrections Act of 2015.