First, mandatory minimums shackle judges. . A Bi-partisan Summit on Criminal Justice Reform, met in March 2015 to discuss reforming America's criminal justice system and received national news coverage. But nothing can stop politicians from talking, even during vacations. Still, it appeared up until a week ago that some crack cocaine relief would be jammed into the giant end-of-year spending bill. This is part of a new project to develop better tools for bringing real-time legislative data into the classroom. Document Citations. 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. Introduced, on this bill on a six-point scale from strongly oppose to strongly support. 224 Dirksen Senate Office Building It is titled S.1013 - A bill to focus limited Federal resources on the most serious offenders., As of this writing, the text of the act is not present on the bill page, but it is available on a page titled "Statements on Introduced Bills and Joint Resolutions.". If anything here applies to you, contact us today. 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. Sentencing Commission, the Commission unanimously believes that certain mandatory minimum penalties apply too broadly, are excessively severe, and are applied inconsistently . 1013 (117th) We love educating Americans about how their government works too! (More Info). 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. An online version of this release can be foundhere. 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). 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. While Congresswoman Sheila Jackson Lee(D-Texas) has introduced such a bill in a number of previous sessions of Congress since 2001, there is no such bill in the hopper now. 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. "Bill Summary: Smarter Sentencing Act of 2021", "Democrats and Republicans in Congress Actually Found Something to Agree on", "S. 502 / H.R. Although this bill was not enacted, its provisions could have become law by being included in another bill. 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. Letter to Sens Charles Schumer and Mitch McConnell (September 2, 2021), Washington Examiner, Biden promised to address over-incarceration. As written 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. [2] The Senate version (S.502) had gained 12 Bi-partisan co-sponsors by late May 2015; the house version (H.R.920) had 43 Bi-partisan co-sponsors by the same date. (202) 224-7703, Durbin, Lee Introduce Smarter Sentencing Act. Our burgeoning prison population traces much of its growth to the increasing number and length of certain federal mandatory sentences. Preventive monitoring of conditions in American prisons can help shine a light on what needs to change. 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. Its the legislative equivalent to taking a knee in the final minute of a football game. 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. ], 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. The judge is prohibited from considering that persons individual circumstances or showing mercy. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence. 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. 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. Aimed at reducing the disparity in sentencing for crack versus powder cocaine offenses by making crack and powder sentences the same, it would have benefitted thousands of prisoners with retroactive relief. 841(b)(1)(A) and (b)(1)(B). 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. The Brennan Center works to build an America that is democratic, just, and free. The defendants in crack cases were overwhelmingly black. Esta pgina no est disponible en espaol. The bipartisan bill introduction was led by Sen. Dick Durbin (D-IL) and Sen. Mike Lee (R-Utah). the need to reduce and prevent racial disparities in sentencing. On November 5, 2015 there was a significant move with the legislation. The five-year mandatory minimum (for 100 grams or more of heroin or 500 grams or more of cocaine) would drop to two years. US Congress S1013 Summary 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. Third, the Smarter Sentencing Act would reduce the aforementioned mandatory minimum sentencing levels from 5-10-20 years to 2-5-10 years, unless death or serious bodily injury resulted, in. Zero. [1] It is common for legislative text to be introduced concurrently in multiple bills (called companion bills), re-introduced in |url=https://www.govtrack.us/congress/bills/117/s1013 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. And we will start all over again, but with a much unfriendlier House of Representatives. The SSA would cut the mandatory minimums applicable to couriers by half. 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. Were looking for feedback from educators about how GovTrack can be used and improved for your classroom. stream The bill is cosponsored by ten Democratic senators, including three presidential contenders, making the likelihood it will pass in the Senate virtually zero. We anticipate that the provisions of the two bills will be blended into a single package by the Senate Judiciary Committee. |author=117th Congress (2021) 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. He added that if Democrats agree to certain provisions related to law enforcement, that might make it possible to get something done.. 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. 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. 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. The Smarter Sentencing Act also adds a courier exception to the importation statute of 21 usc 960, the importation statute. Under the proposed change, a couple of felonies will be too much, but more young defendants facing their first serious criminal charge would be sentenced under a scheme that let the judge weigh individual factors rather than applying an inflexible and harsh minimum sentence. This is a project of Civic Impulse, LLC. (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). Reason, In 2021, Qualified Immunity Reform Died a Slow, Painful Death (December 30, 2021), Forbes, The Least Eventful Year for Marijuana (December 31, 2021), San Francisco Chronicle, Bidens agenda is stuck. 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. Over the last 12 months, politicians hsome steps to advance justice reform. 1 0 obj The Brennan Center works to reform and defend our countrys systems of democracy and justice. 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 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. Unfortunately, to convince recalcitrant senators to support it, the retroactivity portions of the law were stripped out. 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. So what is real? Some of the Smarter Sentencing Act provisions echo those of the Sentence Reform and Corrections Act of 2017, introduced two days earlier. ., Our current federal sentencing laws are out of date and often counterproductive,said Sen. Lee. Second, prosecutors power over mandatory minimums in turn creates racial disparities, obliterating any pretense of an unbiased system. Second, a lot of criticism of the President over the CARES Act. Sens. Highlights of the measure include. But, in keeping with the chaos that arises from a paradigm shift, by the mid-1970s, anti-imprisonment and anti-discrimination reformers on the left beganrailingagainst the rehabilitative model because it gave judges too much discretion, precipitating disparities. Your note is for you and will not be shared with anyone. EQUAL, like the marijuana-friendly SAFE Banking Act was proposed as an addition to the catch-all spending package, an effort that Cotton frustrated. By June 2014, 25 co-sponsoring Senators (17 Democrat, 6 Republican and 2 Independent) joined to show their support. Hes blowing his opportunity (September 8, 2021), Deseret News, Conservatives should support sentencing reform for crack cocaine (September 8, 2021). 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 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). 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. 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? Apr 25, 2023. Apr 26, 2023, But presidents still wouldnt be able to move their legal cases to the shows The Peoples Court or Divorce Court. Mandatory minimums provide prosecutors with weapons to bludgeon defendants into effectively coerced plea bargains and convince people to cooperate against others. To dismantle Americas dehumanizing and racially skewedhuman cagingsystem, we must eliminate mandatory minimums. The United States Senate has Bought forth the Smarter Sentencing Act of 2021, which will do much for mandatory minimums and "Couriers" if passed. cutting mandatory minimums in 21 USC 960 for drug mules carrying drugs into the country courier in half. Your note is for you and will not be shared with anyone. 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. It would not affect mandatory minimums in21 USC 841(b). 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. We are grateful to the sponsors for recognizing that this needed reform should apply to those currently serving excessive sentences.. The 113th Congress held several hearing and heard testimony through 2013 and 2014 without passage. At the same time, Durbin and Sen. Charles Grassley (R-Iowa) introduced S.1014, the First Step Implementation Act of 2021. 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). The Smarter Sentencing Act, which passed the Senate Judiciary Committee, would take some of the sting out of federal drug sentencing. I think that the time is right for its passage given the makeup of congress and the need for reform. The MOREAct would have allowed cannabis companies to open bank accounts and would have retroactively permitted changes in pot-based sentences. 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. 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. (i)by striking "5 years" and inserting "2 years"; and Ordered Reported, Reintroduced Bill Phone: 410-244-5444 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. If you teach United States government and would like to speak with us about bringing legislative data into your classroom, please reach out! Language links are at the top of the page across from the title. Help us develop the tools to bring real-time legislative data into the classroom. It doesnt have to be that way with criminal justice reform (January 1, 2022), S. 1014: First Step Implementation Act of 2021, Brookings Institution, The numbers for drug reform in Congress dont add up (December 22, 2021), Real Clear Politics, Recall, Remove & Replace Every Last Soros Prosecutor (December 20, 2021). 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.

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