Pending Mandatory Minimum Sentence Reduction Bills

By Jeralyn, Section Legislation
Posted on Tue Dec 11, 2007 at 09:00:27 PM EST
Tags: crack cocaine penalties, mandatory minimums (all tags)

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Sen. Edward Kennedy released a statement today praising the Sentencing Commission's retraoctivity decision regarding the minor reductions in crack cocaine sentencing guidelines. He also urges passage of S. 1685 which he co-sponsored with Diane Feinstein, Arlen Specter and Orrin Hatch (that ought to tell you right there it's not a good bill.)

The bill insufficiently cuts the disparity between crack and powder. Instead of 5 grams of crack, the threshold for the 5 year mandatory minimum sentence would be 25 grams. For powder, it's currently 500 grams.

Instead of 50 grams of crack, the bill makes the threshold for the 10 year mandatory minimum sentence 250 grams. The threshold for powder is currently 5 kilograms (5,000 grams.)

The bill does eliminate the mandatory minimum for first timers who possess for personal use.

Joe Biden's bill, S. 1711, co-sponsored by John Kerry, Russ Feingold and Carl Levin is better. It equalizes the penalties between crack and powder at the current powder levels. But, the reductions are not retroactive, so they won't help the 19,500 offenders currently serving the disparate sentences.

And, as usual, Biden can't leave well enough alone. He has to go and increase funding for the war on drugs. [More....]

He proposes to spend an additional $36 million:

1) $15,000,000 is for salaries and expenses of the Drug Enforcement Administration;
(2) $15,000,000 is for salaries and expenses for the Offices of United States Attorneys;

(3) $4,000,000 each year is for salaries and expenses for the Criminal Division; and
(4) $2,000,000 is for salaries and expenses for the Office of the Attorney General for the management of such prosecutions.

Then he includes this:

(b) Authorization of Appropriations for Department of Treasury- There is authorized to be appropriated to the Department of the Treasury for salaries and expenses of the Financial Crime Enforcement Network (FINCEN) not more than $10,000,000 for each of fiscal years 2008 and 2009 in support of the prosecution of high-level drug offenses.
© Authorization of Appropriations for Department of Homeland Security- There is authorized to be appropriated for the Department of Homeland Security not more than $10,000,000 for each of fisc