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(b)(1)(B): The 10-year mandatory minimumfor a prior drug offense would drop to 5 years, and the 5-year mandatory minimumfloor would drop to 2 years. Bupkis. 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. FAMM . Law Enforcement Lobby Quietly Tries To Kill Sentencing Reform - HuffPost 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. endobj If you teach United States government and would like to speak with us about bringing legislative data into your classroom, please reach out! The Brennan Center is a nonpartisan law and policy institute, striving to uphold the values of democracy. We recommend the following MLA-formatted citation when using the information you see here in academic work: GovTrack.us. That means that the reform bills now in front of Congress still have a chance. 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). "Reducing the federal prison population has become urgent, with that population almost three times where it was in 1991.". Currently, the Byzantine sentencing regime in 21 USC 841(b) provides differing levels of mandatory minimum sentences for various quantities of different drugs, various number of prior drug felonies, and whether death or serious injury resulted from the drug dealing. In the wake of basketball star Len Bias death in 1988, Congress passed the draconian Anti Drug Abuse Act, which equated one gram of crack cocaine to 100 gramsof cocaine powder. <>>> We are also still on Instagram at @govtrack.us posting 60-second video summaries of legislation in Congress. |date=March 25, 2021 (1)in section 102 (21 U.S.C. 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. 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.. 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. There is no Easter Bunny. I will keep fighting to get this commonsense, bipartisan legislation through the Senate with my colleague, Senator Lee.. Were looking for feedback from educators about how GovTrack can be used and improved for your classroom. 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. 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. |quote=Smarter Sentencing Act of 2021 A bill to focus limited Federal resources on the most serious offenders. But the MORE Act that passed the House in the last Congress the one with criminal retroactivity received only five Republican votes. 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. 13 Cosponsors 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. Please join our advisory group to let us know what more we can do. The bill is cosponsored by ten Democratic senators, including three presidential contenders, making the likelihood it will pass in the Senate virtually zero. (9 Democrats, 2 Independents, 2 Republicans). The Brennan Center crafts innovative policies and fights for them in Congress and the courts. FAMM has supported past versions of the Smarter Sentencing Act. Sen. Angus King co-sponsors the 'Smarter Sentencing Act' The fact that a large number of House Republicans joined Democrats in passing the EQUAL Act last year is not reassuring: the trick will be getting a Republican speaker who controls what comes up for a vote put the bill in front of the chamber. 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. Sentencing reform is dead for another two years. The state attorneys general want legislation to change that. . Lee and Durbin first introduced theSmarter Sentencing Actin 2013. All Info - S.1013 - 117th Congress (2021-2022): Smarter Sentencing Act So what is real? FAMM vice president Molly Gill wants to see the EQUAL Act reintroduced next session. S. 1013 (IS) - Smarter Sentencing Act of 2021 - Content Details 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. This bill was introduced on March 25, 2021, in a previous session of Congress, but it did not receive a vote. 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). Examples abound for successful alternative methods that can greatly improve the current criminal legal system. 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. 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. Third, and perhaps most significantly, the Smarter Sentencing Act would lower the mandatory minimum sentences under 21 U.S.C. S. 1013: Smarter Sentencing Act of 2021 Overview Summary Cosponsors Details Text Study Guide The text of the bill below is as of Mar 25, 2021 (Introduced). The judge is prohibited from considering that persons individual circumstances or showing mercy. Given that commitment, Prez Biden should be a vocal supporter of this bill or should oppose it only because it does not go far enough because it merely seeks to reduce mandatory minimum penalties for certain nonviolent drug offenses, rather than entirely eliminate them. Retrieved from https://www.govtrack.us/congress/bills/117/s1013, S. Sen. Booker then sought unanimous consent to release the stand-alone version of the EQUAL Act from the Senate Judiciary Committee. One of the most important consequences of these confirmation hearings is there are district judges across the country who may have ambitions for elevations, Sen. Ted Cruz (R-TX), who led the charge against Judge Jackson, told CNN. GovTrack automatically collects legislative information from a variety of governmental and non-governmental sources. (202) 224-7703, Durbin, Lee Introduce Smarter Sentencing Act. Biden did issue an executive order canceling contracts with private prison operators, a nice change for the 14,000 people in those joints. 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. 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 United States Senate has Bought forth the Smarter Sentencing Act of 2021, which will do much for mandatory minimums and "Couriers" if passed. PDF April 12, 2021 The Hon. Richard Durbin Washington, D.C. 20510 Consequently, the least culpable players incur severe punishments, while the most culpable leverage their knowledge into lenient plea deals. The Case For the Smarter Sentencing Act - The Heritage Foundation Many provisions introduced in previous versions were ultimately included in the First Step Act of 2018, of which FAMM played an active role in securing passage.
