Sentencing Reform Bills (Introduced 2015)
 Share
The version of the browser you are using is no longer supported. Please upgrade to a supported browser.Dismiss

 
View only
 
 
Still loading...
ABCDEFGHIJKLMNOPQRSTUVWXYZ
1
SAFE Justice Act, H.R. 2944Sentencing Reform and Corrections Act, S. 2123Sentencing Reform Act, H.R. 3713Smarter Sentencing Act, S. 502/H.R. 920
2
(learn more)(learn more)(learn more)(learn more)
3
S E N T E N C I N G P O L I C I E S
4
Mandatory minimum penalties for drug traffickingRestricts 5-and 10-year mandatory minimum sentences to the managers, supervisors, leaders, and organizers of drug trafficking organizations

RETROACTIVE: Yes
Adds mandatory consecutive sentence of up to 5 years for crimes involving fentanylReduces 5-year mandatory minimum to 2 years

Reduces 10-year mandatory minimum to 5 years

RETROACTIVE: No
5
Mandatory minimum drug recidivist enhancementsMore narrowly defines which prior drug offenses can trigger enhanced mandatory minimum penalties by
- Requiring they be drug trafficking offenses
- Requiring that they have occurred in the last 10 years

Reduces the mandatory recidivist enhancement for two or more prior triggering offenses from life to 35 years

RETROACTIVE: Yes, eligible for resentencing
More narrowly defines which prior drug offenses can trigger enhanced mandatory minimum penalties by
- Requiring they be drug trafficking offenses

Expands the prior offenses that can trigger longer mandatory minimum sentences to include prior “serious violent felonies”

Reduces the mandatory recidivist enhancement for a prior triggering offense from 20 years to 15 years

Reduces the mandatory recidivist enhancement for two or more prior triggering offenses from life to 25 years

RETROACTIVE: Yes, eligible for resentencing
Same as Senate's Sentencing Reform and Corrections Act, S. 2123

RETROACTIVE: Only for those who don’t have prior 3-point serious violent felony conviction
Reduces the mandatory recidivist enhancement for a prior drug offense from 20 years to 10 years

Reduces the mandatory recidivist enhancement for two or more prior drug offenses from life to 25 years (Senate bill) or 20 years (House bill)

RETROACTIVE: No
6
Mandatory minimums for weapons offensesRestricts application of 25-year mandatory minimum for second or subsequent offenses to cases in which the prior offense has become final

More narrowly defines possession as carrying, brandishing or use of weapon

RETROACTIVE: Yes, eligible for resentencing
Reduces the mandatory minimum for gun possession (924(e)) by a person with a felony record from 15 years to 10 years

Increases the statutory maximum punishment for gun possession by a person with a felony record from 10 years to 15 years

Reduces 25-year mandatory minimum for second or subsequent offense of gun possession in the course of a drug trafficking offense (924(c)) to 15 years

Restricts application of mandatory minimum for second or subsequent offenses of gun possession in the course of a drug trafficking offense (924(c)) to cases in which the prior offense has become final

Expands the prior offenses that can trigger mandatory minimum sentences for second or subsequent offenses of gun possession in the course of a drug trafficking offense (924(c)) to include prior final State law convictions for crimes of violence that had, as an element, the carrying, brandishing, or use of a gun

RETROACTIVE: Yes, eligible for resentencing
Same as Senate's Sentencing Reform and Corrections Act, S. 2123

RETROACTIVE: Yes, eligible for resentencing unless the person has a prior conviction for a “serious violent felony”
7
Broadening the existing safety valve for drug trafficking mandatory minimumsExpands eligibility for the existing safety valve to include gun possession crimes that occurred as part of a drug trafficking offense and to include defendants with up to 3 criminal history points

RETROACTIVE: No
Expands eligibility for the existing safety valve to defendants with up to 4 criminal history points and no 3-point or 2-point felony convictions, and also allows court to waive these criminal history requirements in certain cases

RETROACTIVE: No
Same as Senate's Sentencing Reform and Corrections Act, S. 2123

RETROACTIVE: No
Expands eligibility for the existing safety valve to defendants in criminal history categories I or II

RETROACTIVE: No
8
Creates a new safety valve for drug trafficking mandatory minimumsCreates a new safety valve for drug trafficking offenders facing 5- and 10-year mandatory minimums allowing the court to make any departure from the mandatory minimum regardless of criminal history when
- the court finds mental illness, substance abuse, financial, emotional distress, trauma suffered during military service or victim of abuse or domestic violence
- the crime did not include violence, threats of violence, result in death or serious bodily injury and was not convicted of a continuing criminal enterprise
- the defendant cooperated with the government

RETROACTIVE: No
Creates a new safety valve for drug trafficking offenders facing 10-year mandatory minimum
sentences, allowing the court to depart down to a 5-year mandatory minimum prison term  if the defendant:
- has no prior conviction for a “serious drug felony” or a “serious violent felony”
- did not play a leadership role in the offense
- did not exercise substantial authority or control over the criminal activity of a criminal organization, act as an importer or exporter, high-level distributor or supplier, wholesaler, or manufacturer
- did not sell drugs to or with a person under age 18
- did not possess a gun
- did not use violence or threats
- no death or serious bodily injury resulted
- the defendant cooperated with the government

RETROACTIVE: No

















Same as Senate's Sentencing Reform and Corrections Act, S. 2123

RETROACTIVE: No
9
Fair Sentencing ActApplies FSA retroactively; allows previously sentenced offenders to petition for resentencing under new drug trafficking laws

RETROACTIVE: Yes
Applies FSA retroactively; allows previously sentenced offenders to petition for resentencing under new drug trafficking laws, unless they filed a petition that was previously granted or denied

RETROACTIVE: Yes, unless any previous request for a crack sentence reduction was granted or denied
Applies FSA retroactively; allows some previously sentenced offenders to petition for resentencing under new drug trafficking laws

RETROACTIVE: Yes, unless they received a prior reduction of their crack drug guideline sentence (not mandatory minimum)
Applies FSA retroactively; allows previously sentenced offenders to petition for resentencing under new drug trafficking laws, unless they filed a petition that was previously granted or denied

RETROACTIVE: Yes, unless any previous request for a crack sentence reduction was granted or denied
10
Juvenile life sentencesAllows eligible offenders sentenced as juveniles to life without parole to petition courts for resentencing after serving 20 years of their sentences
11
Simple drug possessionEliminates federal criminal penalties for simple drug possession in state jurisdictions
12
Presumptive probationDirects the Sentencing Commission to expand its use of probation for first-time, nonviolent offenders
13
Sentencing GuidelinesDirects the Sentencing Commission to readjust drug sentencing guidelines;
Allows courts to disregard conduct for which the defendant was acquitted when imposing sentence under the guidelines
14
Determining drug quantity for sentencing purposesRestores discretion to judges to determine to what extent manipulated conduct that results from fictitious law enforcement “stings” may be considered in court
15
R E L E A S E P O L I C I E S
16
Good time credit calculationClarifies statute to ensure that inmates can earn a full 15% off of their sentences for good behavior (currently BOP only calculates 12.5%)
17
Compassionate releaseAllows a petition for early release of prisoners who are at least 60 years old and have either a serious health condition or upon the death or incapacitation of the primary caregiver of the inmate’s child

Eligibility: All offense types eligible except inmates convicted of homicide, terrorism, or sex offenses

RETROACTIVE: Yes
Allows a petition for early release of prisoners who are at least 60 years old and have served the greater of 10 years or 2/3 of their sentence or who require a nursing home or are terminally ill

Eligibility: Inmates convicted of nonviolent offenses

RETROACTIVE: Yes
18
Earned time credits for completing programsExpands earned time to allow inmates to earn 10 days of credit off of their sentences for every 30 days (30% earned time) for participating in individualized case plans designed to reduce their likelihood of reoffending and, at the end of their sentences.

Allows inmates to be released early to post-prison supervision (not another form of confinement, like a halfway house)

Eligibility: nonviolent offenders

RETROACTIVE: No
Depending on risk level and current conviction, allows some federal prisoners to earn 5-10 days of credit off of their prison term for every 30 days (15% earned time) for participating in individualized case plans designed to reduce their likelihood of reoffending

Allows some low and moderate-risk offenders to be transferred to “pre-release custody” to be served in a half-way house, home confinement, or intensive supervision

Eligibility: nonviolent, first-time federal offenders who are assessed as low risk to reoffend are eligible for 30% and those assessed as moderate risk to reoffend are eligible for 15%; prisoners with prior federal convictions; 13+ criminal history points; convictions for federal crimes of violence, child exploitation, sex offenses, continuing criminal enterprise, fraud offenses with a resulting prison sentence of 15+ years, bribery, graft, political corruption, identity theft, honest services fraud, obstruction of justice, racketeering, child abuse.

RETROACTIVE: No
19
Graduated sanctionsRequires technical violations of probation and post-prison supervision to be sanctioned swiftly, certainly, and proportionately
20
Revocation capsPlaces a 60-day limit on the amount of time an offender can be returned to prison for a technical violation of probation or post-prison supervision and eliminates mandatory revocation to prison for simple drug possession
21
Earned credits for supervisionAllows offenders on federal probation or post-prison supervision to earn time for complying with the terms of their supervision
22
Specialty courtsEncourages judicial districts to open drug, veteran, and mental health and other problem solving courts
23
Pilot programsEstablishes a performance incentive funding pilot program to reward judicial districts for reducing their revocations to prisonEstablishes a reentry demonstration project to pilot promising reentry programs in judicial districts
24
Performance-based contractsRequires contracts for half-way houses to include performance deliverables related to recidivism reduction
25
A D D I T I O N A L P O L I C I E S
26
Correctional officers tools and trainingCreates mental health and de-escalation training programs for prison personnel

Allows correctional officers to carry and use pepper spray but requires training and evaluations of the practice
Allows correctional officers to carry and use pepper spray but requires training and evaluations of the practice
27
Regulatory offensesRequires compilation and public disclosure of all criminal statutory offenses, all regulatory statutory offenses, all punishments, and all mens rea requirements

Allows victims of regulatory over-criminalization to contact the inspector general

Requires executive branch agencies to obtain prior approval from the Attorney General for each new criminal penalty resulting from an agency regulation, and approval to be conditioned on a 5 year sunset
Requires compilation and public disclosure of all criminal statutory offenses, all regulatory statutory offenses, all punishments, and all mens rea requirementsRequires compilation and public disclosure of all criminal statutory offenses, all regulatory statutory offenses, all punishments, and all mens rea requirements
28
PretrialRequires the AG to create and implement policies to safely reduce pre-trial detention
29
Fiscal impact statementRequires fiscal impact statements for sentencing and corrections bills

Requires sentencing cost analyses to be disclosed in pre-sentencing reports
30
ExpungementCreates process for expungement of juvenile records
31
Sentencing Commission RepresentationAdds a non-voting federal defender representative to the U.S. Sentencing Commission;
32
Corrections statistics reportingrequires federal agencies to report on corrections populations and recidivism rates, among other indicators
33
Wrongful convictionsReauthorizes the Innocence Protection Act and directs the Attorney General to develop best practices to reduce wrongful convictions
34
Ensuring accuracy of federal criminal recordsDirects the Attorney General to establish and enforce procedures to release accurate criminal records for employment-related purposes.
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
Loading...
 
 
 
Sheet1