Senate Judiciary Committee Approves Major Drug Sentencing Reforms

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Senate Judiciary Committee Approves Major Drug Sentencing Reforms


Today, by a vote of 13 to 5, the Senate Judiciary Committee approved what the Drug Policy Alliance (DPA) calls ”the biggest overhaul in federal drug sentencing in decades.” The Smarter Sentencing Act, introduced by Sens. Richard Durbin (D-Ill.) and Mike Lee (R-Utah) last July, would cut mandatory minimum sentences in half for some drug offenses, make the reduced crack penalties enacted in 2010 retroactive, and expand the category of defendants eligible for sentencing below the mandatory minimums. “The Smarter Sentencing Act is the most significant piece of criminal justice reform to make it to the Senate floor in several years,” says Laura W. Murphy, director of the American Civil Liberties Union’s Washington Legislative Office.

The Durbin-Lee bill does not go as far as the Justice Safety Valve Act, introduced last March by Sens. Rand Paul (R-Ky.) and Pat Leahy (who chairs the Senate Judiciary Committee). That bill would have made mandatory minimums effectively optional by alllowing judges to depart from them in the interest of justice. The Smarter Sentencing Act is neverthless a big improvement. The crack provision alone could free thousands of prisoners serving sentences that almost everyone now concedes are excessively long. It would dramatically reduce the penalties for certain nonviolent drug offenses, changing 20-year, 10-year, and five-year mandatory minimums to 10 years, five years, and two years, respectively. It would allow more nonviolent offenders to escape mandatory minimums entirely by loosening the criteria for the “safety valve,” allowing two criminal background points instead of just one.

Mike-Lee.jpg

Sen. Mike Lee (Image: Senate Judiciary Committee)

“Extreme, one-size-fits-all sentencing has caused our federal prison population to balloon out of control,” says the ACLU’s Murphy, “and it’s time to change these laws that destroy lives and waste taxpayer dollars.” DPA notes that the Smarter Sentencing Act is supported by “a strange bedfellows group of senators,” including Durbin, Lee, Paul, Leahy, Jeff Flake (R-Ariz.), Ted Cruz (R-Texas), Carl Levin (D-Mich.) and Sheldon Whitehouse (D-R.I.). “The tide has turned against punitive drug policies that destroy lives and tear families apart,” says Bill Piper, DPA’s director of national affairs. “From liberal stalwarts to Tea Party favorites, there’s now consensus that our country incarcerates too many people, for too much time, at too much expense to taxpayers.”

Let's see how far this goes.
 

No1

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about time

better start springin nonviolent dudes too
About that.


White House Seeks Drug Clemency Candidates

WASHINGTON — The Obama administration, in its effort to curtail severe penalties in low-level drug cases, is taking the unprecedented step of encouraging defense lawyers to suggest inmates whom the president might let out of prison early.

Speaking at a New York State Bar Association event Thursday, Deputy Attorney General James M. Cole said the Justice Department wanted to send more names to White House for clemency consideration.

“This is where you can help,” he said, in remarks the Justice Department circulated in advance.

Prison officials will also spread the word among inmates that low-level, nonviolent drug offenders might be eligible to apply for clemency.

The clemency drive is part of the administration’s effort to undo sentencing discrepancies that began during the crack epidemic decades ago. Offenses involving crack, which was disproportionately used in black communities, carried more severe penalties than crimes involving powder cocaine, which was usually favored by affluent white users.

In some cases, crack crimes resulted in a 100-to-1 sentencing disparity. The tough sentencing laws led to an 800 percent increase in the number of prisoners in the United States.

Congress reduced the sentencing disparity in 2010. In December, President Obama commuted the sentences of eight federal inmates who were convicted of crack sentences under the old rules.

“There are more low-level, nonviolent drug offenders who remain in prison, and who would likely have received a substantially lower sentence if convicted of precisely the same offenses today,” Mr. Cole said. “This is not fair, and it harms our criminal justice system.”

Testifying on Capitol Hill on Wednesday, Attorney General Eric H. Holder Jr. said the Bureau of Prisons now eats up 30 percent of the Justice Department’s budget, which strains the department’s ability to do other law enforcement missions.
 

Freedman

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I've been searching but does this cover any marijuana charges because all I'm seeing is heroin/coke/crack etc sentences being reduced and if that's the case those idiots should be gone forever :camby:
 

Chris.B

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I'm not sure reforms were needed.

Just don't do drugs....seems like a pretty easy solution to me.
 
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