home

Pending Mandatory Minimum Sentence Reduction Bills

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 fiscal years 2008 and 2009 for salaries and expenses in support of the prosecution of high-level drug offenses.

(d) Additional Funds- Amounts authorized to be appropriated under this section shall be in addition to amounts otherwise available for, or in support of, the prosecution of high-level drug offenses.

Note there are no increases for the federal public defenders or Criminal Justice Act lawyers who defend those charged.

By contrast, the bill provides $10 million for grants for preventive drug treatment and $5 million for "demonstration programs" that reduce substance abuse in prison or while on supervision.

So, $36 million for prosecution, 0 for defense and $15 million for prevention and treatment.

Biden's bill also directs the Sentencing Commission to raise the guidelines for a host of other factors, including along with violence factors, if the offender has a prior drug conviction or imports the drug into the U.S.

On the House side, Charlie Rangel's bill, H.R. 460 (with 19 co-sponsors including Dennis Kucinich, Ron Paul and Sheila Jackson Lee)is the best by far. It reduces the crack penalties to the current level for powder -- period.

The remaining bills all increase the penalties for powder.

There's Sen. Jeff Sessions bill, S. 1383, which is co-sponsored by Democrat Ken Salazar (Colorado) and Republicans John Cornyn and Mark Pryor. It would reduce the 10 year threshhold for powder from 5 kilos to 4 kilos while increasing the threshold for crack from 50 grams to 250 grams. That's still an unacceptable a disparity of 4 kilos to 250 grams. (For the 5 year mandatory minimum, it would go from 500 grams of powder to 400 grams of powder and 5 grams of crack to 20 grams, with a resulting disparity of 400 grams to 20 grams.)

Another pending bill with no co-sponsor is H.R. 79 which would raise the powder levels to meet those of crack.

FAMM's analysis of the bills is here.

< WaPo Poll: Huckabee Gaining, Clinton Maintains Large Lead | Cory Maye Update >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft


  • Display: Sort: