Amended Weakened Version of Sentencing Reform Bill Passes Judiciary Comm.

By Jeralyn, Section Legislation
Posted on Fri Jan 31, 2014 at 08:57:00 AM EST
Tags: mandatory minimums (all tags)

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The media is full of praise for the Senate Judiciary Committee which yesterday passed a sentencing reform bill addressing mandatory minimum sentencing laws on drug offenses.

Not so fast. Here is S.1410, the Smarter Sentencing Act of 2013, as originally introduced by Senators Durbin, Leahy, and Whitehouse.

The version that passed the Judiciary Committee is a watered down, amended version of Durbin's bill. Durbin introduced a "Manager's Amendment" weakening the safety valve reform provision. Then the Committee approved amendments by Republican Charles Grassley that turned the bill into an enhanced crime bill, upping sentences and introducing more mandatory minimums for some non-drug crimes.

On mandatory minimums, the bill is an improvement, but far less than what is needed and certainly not historic. It reduces the mandatory minimum terms for drug offenses from 20, 10 and 5 years to 10, 5 and 2 years, respectively, and allows the 2010 crack cocaine sentencing reductions to apply retroactively to some classes of inmates, in the discretion of the judge. [More...]

But instead of considering another bill on yesterday's agenda, S. 619 by Sen. Leahy and Rand Paul, which would grant judges discretion in all cases to not impose a mandatory minimum sentence, the Committee declared their bill "held over."

In all, Sen. Charles Grassley of Iowa introduced 6 Amendments weakening the bill and adding new mandatory minimums and increased penalties for other offenses. He got 3 of them passed.

The bill, with Grassley's amendments, now includes a new mandatory minimum for sex offenses and makes some sex offenses death penalty eligible. It increases penalties for domestic violence offenses. It adds new mandatory minimum sentences for some terror and arms-related crimes.

Grassley didn't get everything he wanted. His failed amendments included one which would have abolished the Sentencing Commission and another that would have allowed prisoner transfers to foreign countries over the objection of the defendant.

Durbin's amendment neutered the Safety Valve reform. The Safety Valve is curr