For several years, the USSC has not been fully functional because it lacked the quorum necessary to act. Six months ago, that changed. All seven Biden appointees to the USSC were confirmed by the Senate. Read, At long last, we have a fully loaded USSC: Senate confirms all seven of Prez Bidens nominees to Sentencing Commission, published by Sentencing Law and Policy on August 4, 2022. The Strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking. [16] Human Rights Watch, Every 25 Seconds, p. 3. The criminal provisions of the The bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 federal prisoners sentenced prior to the change in law eligible to petition for sentence reduction. Similarly, key tools like naloxone and syringe services programs are often restricted or underfunded at the community level, which limits access for people who use drugs. Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. Although the guidelines are not binding on judges, federal judges still impose guideline-range sentences almost 50% of the time. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. The Commission identified 4,405 offenders sentenced in fiscal year 2021 who received criminal history points under 4A1.1 for prior marijuana possession sentences, representing 8.0 percent of all offenders sentenced that year. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. The USSC HelpLine assists practitioners in applying the guidelines. A complete list of final priorities may be found hereand in an upcoming edition of the Federal Register. Since the October markup, the number of Senators cosponsoring S. 2123 has grown to 28, comprised equally of 14 Republicans and 14 Democrats. [46] Criminalizing drugs is not an effective public safety policy. And the Strategy includes specific actions to improve access to medication for opioid use disorder (MOUD) programs for jails and prisons; identify ways to advance racial equity in the investigation, arrest, and sentencing for drug related offenses without negatively impacting public safety; divert non-violent individuals from the criminal justice system and juvenile justice systems to treatment when appropriate; and remove barriers and expand supportive services to help reintegrate people into society after incarceration. Congress has an opportunity to make transformative changes to drug policies that finally provide an equitable, compassionate, and sound solution to addressing the numerous concerns laid out in this testimony. The Commission also set out its intent to implement criminal provisions contained in the Bipartisan Safer Communities Act, which includes increased penalties for certain firearms offenses, and other legislative enactments that require Commission action. 5 . Marijuana appears alongside drugs like heroin, LSD, methaqualone, and ecstasy as a Schedule I Controlled Substance in the CSA. These are defined in the law as having no currently accepted medical use in the United States, a lack of accepted safety for use under medical supervision, and a high potential for abuse., By comparison, oxycodone and fentanyl are both categorized as lesser Schedule II controlled substances, defined as having a high potential for abuse which may lead to severe psychological or physical dependence.. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). Se habla Espaol. Sentencing Guidelines, and other factors. The cost of these arrests and incarcerations, however, extend far beyond individual experiences in the formal criminal justice system. It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May WebIf passed, the Smarter Sentencing Act would Reduce by about half the mandatory penalties for people convicted of drug trafficking (i.e., 5-, 10-, and 15-year sentences would become 2-, 5-, and 10-year sentences); Reduce by half or more the mandatory penalties for drug couriers convicted of drug importation The SRCA bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening the authority of federal judges to sentence below set mandatory minimums for individuals with criminal histories that do not include serious drug or violent offenses. [4] United States Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2019, September 28, 2020, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2019-crime-statistics (accessed March 8, 2021). Congress must repeal federal mandatory minimums, make the change retroactive for those already serving mandatory minimum sentences, and incentivize states to follow suit. It also determined that petitioner was a career of-fender under the Sentencing Guidelines. The ABA urges House and Senate members to cosponsor or support H.R. The Guidelines remain in effect until the next publication. [12] Yet, the model that has been used for far too long in the US does little to help people whose drug use has become problematic. [31] It is actually more than just the burden of drug arrests. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. [54], [55], Ending the criminalization of simple drug possession does not mean turning a blind eye to the misery that substance use disorder can cause in the lives of those who struggle with it and their families. There is consensus across the political spectrum that our criminal justice system is out of balance and in need of significant reform. [45] Ibid., p. 12; Susan Stellin, Is the War on Drugs Over? [17] It punishes an activity that does not directly harm others. . In this section, learn about the Commissions mission, structure, and ongoing work. [36], A drug conviction also keeps many people from getting a job, renting a home, and accessing benefits and other programs they may need to support themselves and their families. The Commission published tentative priorities and invited public comment in September, receiving more than 8,000 letters of public comment in response. The legal distinction between marijuana and fentanyl, for instance, can be difficult for any federal criminal defense lawyer to explain to their client and the clients loved ones. Even more so with the current law enforcement focus upon fentanyl arrests and prosecutions at both the state and federal level. See, e.g., Fentanyl Charges Under Federal Law: Felonies And Range Of Sentencing and Texas Governors Designation of Mexican Cartels As Terrorist Organizations: Criminal Defense Perspective. Some want to make it easier for people to get out of prison. [62] Drug Policy Alliance, Dismantling the Federal Drug War: A Comprehensive Drug Decriminalization Framework, July 29, 2020, https://drugpolicy.org/resource/dismantling-federal-drug-war-comprehensive-drug-decriminalization-framework-drug-policy (accessed March 9, 2021), p. 1. For federal offenders sentenced for any crime type, however, prior marijuana possession sentencesboth federal and stateoften affected their criminal history calculations under the guidelines. %PDF-1.6 % About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. Notably, the government does not defend the position of at least three circuit courts of appeals: that district judges are prohibited from considering certain new developments, such as intervening case law or updates to the Federal Sentencing Guidelines that may have affected a defendants sentence if they had been in place at the WebThe growth of mandatory minimum sentencing laws. [10] There are injustices and corresponding harms at every stage of the criminal process, harms that are all the more apparent when, as often happens, police, prosecutors, or judges respond to drug use as aggressively as the law allows. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. [44] Last year, Oregon took an important step, with a majority of voters approving a ballot initiative that shifts the state away from criminalization and toward a health-centered approach to drug use, investing in voluntary treatment, services, and support for people who are struggling with problematic drug use. [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. But those changes could take two drastically different directions. [9] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. On the books, being caught by law enforcement brings someone into two very different life-changing situations if the arresting officer is a federal agent as compared to a Dallas County sheriffs deputy. Two reasons. Under federal law, marijuana is one of the most serious drug felony possession charges you can face, since it is listed as a Schedule I Controlled Substance in federal law. If you are caught with marijuana things can get serious in a federal case. And in any federal arrest, a past state simple marijuana possession conviction results in an enhancement with criminal history points under USSG 4A1.1. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. It is the burden of increased police presence and surveillance which equals not just more drug arrests but more arrests in total, in addition to the other non-quantifiable damage that comes from living under police scrutiny. [20] Human Rights Watch, Every 25 Seconds, p. 4. Call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392 to schedule your initial consultation. Domestic Cannabis Suppression / Eradication Program, Red Ribbon Toolkit - Resources For Your Community, DEA National Prescription Drug Take Back Day, Intelligence Research Specialist Job Announcements, Schedule A Hiring Authority: Intelligence Research Specialist, Privacy Impact Assessment and Management Information Systems, Victim Witness Assistance Program Resources. At the center of this debate is early release. endstream endobj startxref Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. This website is produced and published at U.S. taxpayer expense. As we now pivot to work on the final priorities set forth today, we look forward to a careful and detailed examination of these issues and our continued interaction with the public to ensure the federal sentencing guidelines properly reflect current law and promote uniformity in sentencing., The Commission will also address circuit conflicts, examine other key components of the guidelines relating to criminal history, and begin several multi-year projects, including an examination of diversion and alternatives-to-incarceration programs. It goes into details like demographics; past criminal histories; and how these sentences compare to those involving other types of drug charges. Finally, it emphasizes the need to develop stronger data collection and analysis systems to better deploy public health interventions. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. The federal prison population has increased nearly 800% since 1980 and more than doubled since 1994, with spending up 1700% over that period, and federal prisons are currently operating at 131% of capacity. [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. The legislation also includes provisions to ban solitary confinement for juveniles, allows juveniles sentenced to life to seek a reduction in sentences after 20 years, and provides authority for expungement of juvenile records for most non-violent offenses. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. Share sensitive information only on official, secure websites. With just 5% of the worlds population, the U.S. holds nearly a quarter of the worlds prisoners, including one-third of all women incarcerated worldwide. [28] Human Rights Watch, Every 25 Seconds, p. 5. An official website of the United States government. The Commission is appreciative of the feedback it has received from all corners of the federal sentencing community, stated Reeves. After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. Sentencing community, stated Reeves histories ; and how these sentences compare to involving... In a federal case USSC has not been fully functional because it the. Determined that petitioner was a career of-fender under the sentencing Reform Act 1984! Early release is early release it punishes an activity that does not directly others. 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