Federal policy updates:
News from Washington D.C.
10/21/08
BOP issues new regulation on halfway houses
The Second Chance Act, signed into law by President Bush on April 9, 2008, increased the maximum amount of time a federal prisoner can be considered for placement in a halfway house from 6 months to 12 months. On October 21, the BOP issued an an interim rule that provides few clues on how they will implement the new halfway house rules in the Second Chance Act. Read more
10/08/08
Time is running out to register to vote!
The next several days will see voting registration deadlines pass in states around the country. If you are not yet registered to vote, or want to find out if you can register to vote, the following links may be helpful:
Go to http://www.eac.gov/voter/Register%20to%20Vote to check if your state’s voter registration deadline has passed, get the web link and phone number for your state’s election office (http://www.eac.gov/voter/how-to-contact-your-state-election-office), register online, or learn how to become a poll worker on election day.
Visit the Sentencing Project’s website about felony disenfranchisement to learn more about voting restrictions for those with convictions: http://www.sentencingproject.org/IssueAreaHome.aspx?IssueID=4
If you’re not sure you are allowed to vote on November 4, contact your state’s election office and ask. No matter which way you vote, FAMM encourages all of its members to exercise the right to vote if you have it!
9/27/08
Congress passes bill to restore judicial majority on the U.S. Sentencing Commission
On September 27, Congress passed S.3659, the “Judicial Administration and Technical Amendments Act of 2008,” which restored a minimum judicial presence on the U.S. Sentencing Commission. The bill was sent to the President for his signature on October 2.
When it was first created in 1984, the Commission was made up of seven voting members, of which at least three were required to be federal judges (28 U.S.C. § 991(a)). In 2003, Congress amended the statute through the PROTECT Act, requiring that “not more than three” commissioners could be members of the judiciary. This meant that the Commission, the agency that monitors and amends the guidelines that federal judges consult at sentencing, could potentially include no judges at all.
FAMM commends passage of S.3659. Judges bring to the Commission an enormous wealth of experience and knowledge necessary to determine appropriate sentencing guidelines.
9/26/08
Rep. Davis introduces federal “good time” bill
On September 25, Rep. Danny Davis (D-Ill.) introduced HR 7089, the “Federal Prison Work Incentive Act of 2008,” a bill (this is not yet a law, it does not affect anyone yet) that would substantially revive the good time system that existed before November 1, 1987, when the Sentencing Reform Act (SRA) was passed. The SRA reduced the good time credit, eliminated parole and enacted the federal sentencing guidelines. Read more
8/4/08
Bills introduced to increase public confidence in the justice system
On July 10, Senators Joseph R. Biden, Jr. (D-Del.), Benjamin L. Cardin (D-Md.), John F. Kerry (D-Mass.) and Arlen Specter (R-Penn.), introduced the S. 3245, the Justice Integrity Act, legislation designed to increase public confidence in the justice system and identify any unwarranted racial and ethnic disparities in the criminal process. The Justice Integrity Act would establish advisory groups in 10 federal districts, under the supervision of the United States Attorney General, to study and determine the extent of racial and ethnic disparity in the various stages of the criminal justice system; report on the results of their findings; and make specific recommendations to eliminate unjustified racial and ethnic disparities. Representative Steve Cohen (D-Tenn.) introduced a House counterpart (H.R.6518) to the Senate bill on July 16.
Read a copy of the Senate bill.
Read a copy of the House bill.
7/25/08
USSC publishes 2009 priorities
The United States Sentencing Commission (USSC) posted its 2009 priorities, including continuation of work in support of crack cocaine sentencing reform; consideration of alternatives to incarceration; and, potentially, a study of statutory mandatory minimum penalties. To see the USSC’s stated priorities, please click here. FAMM submit comment to the USSC on the proposed priorities. Click here to read out priorities letter. The USSC is soliciting public comment on proposed priorities through September 8.
June 26, 2008
“Candy” drug bill passes Senate Judiciary Committee
On June 26, the Senate Judiciary Committee passed and sent to the full Senate for consideration S. 1211, the Saving Kids from Dangerous Drugs Act of 2007. The bill, sponsored by Sen. Dianne Feinstein (D-Calif.), is designed to discourage manufacturing, creating, distributing or possessing with the intent to distribute controlled substances that are altered in a way intended to make the substance more appealing to young people under the age of 21 (i.e., appearing like candy).
The bill would apply and increase penalties that exist under current law where actual distribution to a minor is proven. The bill would also levy a one-year mandatory minimum, excluding offenses involving five grams or less of marijuana. The measure must pass the Senate before being considered by the House.
June 23, 2008
Joint Economic Committee explores drug policy impact and alternatives
Senator Jim Webb (D-Va.) chaired a Joint Economic Committee hearing titled, “Illegal Drugs: Economic Impact, Societal Costs, Policy Responses” on June 19 in Washington. It is the second hearing convened by Webb to review the recent history of U.S. drug policy, the effectiveness of the policy and possible policy alternatives.
In his opening statement, Webb argued that current drug policy has failed to curb illegal drug use while also devastating our minority communities. Webb pointed out that the U.S. has, “five percent of the world's population and 25 percent of the world's known prison population.” He went on to say that, “Either we have the most evil people in the world, or we are doing something wrong with the way that we handle our criminal justice system. And I choose to believe the latter.”
Also attending the hearing were Rep. Maurice Hinchey (D-NY), Sen. Amy Klobuchar (D-Minn.), and Rep. Bobby Scott (D-Va). The committee heard testimony from four experts: Anne Swern, First Assistant District Attorney, Kings County, Brooklyn, NY; Norma Fernandes, Community Coordinator, Kings County District Attorney ; Peter Reuter, Dept. of Criminology, University of Maryland; and John Walsh, Senior Associate, Washington Office on Latin America.
To read testimony presented at the hearing, please visit the Joint Economic Committee website.
June 13, 2008
Joint Economic Committee to examine drug policy
Senator Jim Webb (D-Va.) will convene a hearing of the Joint Economic Committee (JEC) to examine the economic consequences of the United States’ drug policy. The hearing entitled, “U.S. Drug Policy: At What Cost?” will be held Thursday, June 19. The panel will discuss the illegal drug economy in the United States, assess the costs of U.S. policy responses to combatting drug use and address the need for policy reforms. The hearing is also likely to address, to some extent, mandatory minimums and sentencing issues. This is the second such hearing hosted by Senator Webb. The first was held on October 2, 2007 and addressed the increasing cost of prison. For more information, please see the Joint Economic Committee web site: www.jec.senate.gov.
June 3, 2008
New bill targeting sex offenses committed against children includes mandatory minimums
On June 3, Representative Ric Keller (R-Fla.) introduced a bill, the Prevention and Deterrence of Crimes Against Children Act of 2008 (HR 6167), designed to increase mandatory minimums prison terms for offenses related to child pornography, child sex trafficking and prostitution, and child sex offenses, such as rape. The bill was referred to the Committee on the Judiciary and the Committee on Foreign Affairs. To read the bill, please follow this link: HR 6167
April 14, 2008
Clinton's crime plan includes mandatory minimum reform
Senator Hillary Clinton outlined her anti-crime agenda in an April 11 speech. In a campaign press release, the Senator vowed to "reform mandatory minimums for non-violent offenders, starting by eliminating the mandatory minimum for simple possession of crack cocaine and eliminating the disparity between crack and powder cocaine." These reforms are part of Clinton's plan, which also includes reducing the number of repeat offenders, reducing the size of the population in prisons and juvenile lock-ups, and protecting communities. FAMM has contacted the campaign to request a copy of the speech and will make the speech available in the upcoming week.
Read the Clinton campaign's press release: http://www.hillaryclinton.com/news/release/view/?id=7033
April 9, 2008
President Bush signs the Second Chance Act
In a White House ceremony today, President Bush signed the Second Chance Act, legislation designed to aid former prisoners coping with the challenges of reentry. Want to learn more about the Second Chance Act? Click here to read FAMM's frequently asked questions (FAQs).
Click here to read the official transcript of the bill signing ceremony, posted on the White House website.
April 3, 2008
Second Chance Act to be signed on April 9
The Second Chance Act will be signed by President Bush at a ceremony in the White House on Wednesday, April 9. The announcement can be found in the fine print at the bottom of this Forbes article.
April 1, 2008
Update on the Second Chance Act
The President has not yet received a copy of the Second Chance Act as of April 1. Once the president receives a copy of the bill, he has ten days to either sign the bill into law or veto the bill. If he neither signs nor vetoes the bill in that ten day period, the bill becomes law. FAMM will post additional information on our website as it becomes available.
April 1, 2008
Sessions introduces immigration bill with new mandatory minimums
On March 5, Senator Jeff Sessions (R-Ala.) introduced S. 2709, the Border Crossing Deterrence Act of 2008. Senators Coburn (R-Okla.), Dole (R-N.C.), Inhofe (R-Okla.), DeMint (R-S.C.), Domenici (R-N.M.) and Vitter (R-La.) have added their support as cosponsors of the bill. The bill includes 11 new mandatory minimums, including a five year mandatory for destruction of border barriers or infrastructure. S. 2709 still has a long way to go before it becomes law. FAMM anticipates that Senator Sessions will consider introducing this bill as an amendment to other legislation in upcoming months. FAMM will reach out to Senator Sessions and to members of the Senate who oppose Senator Session’s bill.
To read the bill, please follow this link: S. 2709
To read FAMM”s analysis of the bill, follow this link: S. 2709 analysis (Word document)
March 20, 2008
Questions about the Second Chance Act?
Download FAMM's answers to frequently asked questions about the Second Chance Act. The file is in Adobe pdf format. Click here
March 13, 2008
Second Chance Act passes Congress!
On Wednesday, March 11, the U.S. Senate passed The Second Chance Act, legislation designed to aid former prisoners coping with the challenges of reentry. The Second Chance Act authorizes federal funding to states, local governments and nonprofit prisoner reentry organizations to help former prisoners obtain job training, literacy training, substance abuse treatment, counseling, housing and mentoring services. Families Against Mandatory Minimums (FAMM) and other advocacy, civil rights and religious organizations supported the passage of the Second Chance Act, which now awaits the signature of President Bush before it can become law. Read more
February 26, 2008
House holds hearing on cocaine sentencing disparity
On February 26, The House Judiciary Committee, Subcommittee on Crime, Terrorism and Homeland Security held a hearing titled "Cracked Justice -- Addressing the Unfairness in Cocaine Sentencing." The Subcommittee heard from the original cosponsors of legislation currently pending before the House, including H.R. 79, H.R. 460, H.R. 4545 and H.R. 5035, and expert witnesses, including the Honorable Reggie Walton, the Honorable Ricardo Hinojosa, U.S. Attorney Gretchen Shappert, President-Elect of the National District Attorneys Association Joseph I. Cassilly, FAMM member Michael Short, and Federal Public Defender Michael Nachmanoff. FAMM president Julie Stewart submitted written testimony to the Subcommittee.
The four bills introduced in the House have not yet been scheduled for a vote.
More resources:
February 25 and 26, 2008
FAMM members call and visit Congress
Thousands of people across the country called Congress in support of eliminating the federal crack/powder cocaine sentencing disparity on Monday, Feb. 25. The following day, FAMM members joined together with advocates from across the nation and from various criminal justice, civil rights and religious groups to make personal visits to lawmakers on Capitol Hill to tell them that reform is needed before a House Subcommittee on Crime hearing on cocaine sentencing reform.
February 24, 2008
FAMM analyzes House cocaine bills
In preparation for the U.S. House Judiciary Committee, Subcommittee on Crime, Terrorism and Homeland Security hearing on Feb. 26, FAMM has written a comparative analysis of three of the bills pending in the House to reform federal cocaine sentencing policy. Click here to visit FAMM's bills in Congress, where you can download the bill comparisons and more detailed information on the Scott, Rangel and Jackson Lee bills.
February 12, 2008
Senate hearing on cocaine laws today
The U.S. Senate Judiciary Committee, Subcommittee on Crime and Drugs is holding a hearing today on federal cocaine sentencing laws titled, “Reforming the 100-to-1 Crack/Powder Disparity.” It is open to the public and will be held at 2:00 pm in Room 226 of the Senate Dirksen Office Building. FAMM was invited to submit written testimony to the committee. Please check back for an update after the hearing. Click here to view the Senate Judiciary Committee announcement.
February 11, 2008
FAMM analyzes Senate cocaine bills
In preparation for the U.S. Senate Judiciary Committee, Subcommittee on Crime and Drugs hearing on Feb. 12, FAMM has written a comparative analysis of the three bills pending in the Senate to reform federal cocaine sentencing policy. Click here to visit FAMM's bills in Congress, where you can download the bill comparisons and more detailed information on the Biden and Hatch bills.
February 7, 2008
Attorney General Mukasey objects to USSC decision
On February 7, Attorney General Michael Mukasey testified before the House Judiciary Committee in his first House oversight hearing as Attorney General. House and Senate committees are required to conduct oversight over programs and agencies within their jurisdiction. In his testimony, Mukasey called on Congress to overturn a decision by the U.S. Sentencing Commission that would allow certain prisoners the chance to seek modest reductions of their sentences for crack cocaine offenses. He claimed that "Many of these offenders are among the most serious and violent offenders in the federal system," Mukasey said Thursday. Their release, he said, would produce "tragic but predictable results."
Congressman Scott expressed concern over the Attorney General’s statements, noting that the Sentencing Commission identified significant lower levels of violence and recidivism than those implied in the Attorney General’s statement. Congresswoman Waters pointed out that the Sentencing Commission’s decision does not amount to a “get out of jail free card.”
Courts have the final say on sentence reductions. To read the Attorney General’s testimony, follow this link and click on the Attorney General’s name. To read FAMM’s response to Mukasey’s statements, please follow this link: FAMM press release. To read a recent response in the Washington Post, please follow this link: Washington Post.
January 30, 2008
Senate hearing scheduled on federal cocaine laws
The U.S. Senate Judiciary Committee, Subcommittee on Crime and Drugs scheduled a hearing for February 12 on federal cocaine sentencing laws titled “Reforming the 100-to-1 Crack/Powder Disparity". For over 21 years, the inequity between crack and powder cocaine sentences has been the subject of great debate. Now the Senate will take a first step toward addressing this inequity. Three bills have been introduced in the Senate and will likely be the subject of debate at the hearing. The hearing is open to the public. It will be held Tuesday, February 12 at 2:00 pm in Room 226 of the Senate Dirksen Office Building. To read more about the bills in the Senate, click here.
January 28, 2008
The Fairness in Cocaine Sentencing Act of 2008 introduced
Eliminates mandatory minimums for cocaine offenses
On January 17, Rep. Robert “Bobby” C. Scott (D-Va.) together with 18 cosponsors, introduced H.R. 5035, The Fairness in Cocaine Sentencing Act of 2008. The bill would eliminate the distinction between powder cocaine and cocaine base (crack); eliminate all mandatory cocaine sentences; establishes pretrial diversion and post conviction drug courts at the Federal level for people charged with illegal use of controlled substances; and increases federal funding for state drug court programs. The bill would establish the possibility of probationary sentences for cocaine offenders.
The bill is the first bill introduced in the House in the 110th Congress that would eliminate mandatory minimums for crack and powder cocaine sentences.
December 21, 2007
Message to members on reform
Since announcing historic reform victories that affect federal crack cocaine sentencing policy, FAMM has received congratulations and questions from members across the country on our focus. Rest assured, FAMM’s ultimate goal is to reform all mandatory minimum sentences, on the federal and state level, regardless of what drug is involved. Read more
Dec. 20, 2007
Congressman Scott (D-VA) hosts policy briefing on the impact of recent Supreme Court cases Kimbrough v. United States and Gall v. United States
Representative Robert “Bobby” Scott (D-Va.) held a well attended briefing for staff and advocates to explain the impact of recent Supreme Court decisions in Kimbrough v. United States and Gall v. United States, that established the authority of federal judges to impose a sentence below that called for by the sentencing guidelines. Joining Rep. Scott were Charles Doyle, senior specialist with the American Law Division, Congressional Research Service; Julie Stewart, president and founder, Families Against Mandatory Minimums; and Marc Mauer, executive director of The Sentencing Project.
Panelists discussed the Supreme Court’s rulings and their impact on sentencing policy. While commending the Court for giving judges the ability to impose punishment that more closely meets the crime, Julie Stewart emphasized that many defendants will still be sentenced under unjust mandatory minimum statutes, which were not affected by rulings. “The answer lies in Congress,” she said.
Dec. 19, 2007
Jackson Lee introduces drug sentencing reform legislation targeting crack cocaine disparity
On December 13, Rep. Sheila Jackson Lee (D-Texas) introduced H.R. 4545, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act, with 20 cosponsors. The bill would eliminate sentencing differences between crack and powder cocaine in favor of a single mandatory minimum at the current powder cocaine levels and eliminate the five-year mandatory minimum for simple possession of crack cocaine. The bill would also authorize drug treatment and enforcement funds and increase fines for kingpins. H.R. 4545 directs the U.S. Sentencing Commission to review the sentencing guidelines and if appropriate, amend them to account for an individual’s culpability and role in the offense.
In a statement, Rep. Jackson Lee called for an end to unjust inequality under the law, saying, “We must get a grip on the inequity of the justice system that allows some who can sit in their living room and smoke cocaine to get off easier than those who are on the streets with crack. We want to get rid of all uses of drugs, but we have to be fair in the justice system.”
On December 19, several of the bill’s cosponsors joined Rep. Jackson Lee and leaders of the sentencing reform movement, including FAMM president and founder Julie Stewart, to urge an end to the disparity in sentencing between crack and powder cocaine and the elimination of mandatory minimums for simple possession of crack. Reps. James Clyburn (D-S.C.); Stephen Cohen (D-Tenn.); Gwen Moore (D-Wis.); Donald Payne (D-N.J.); Bobby Rush (D-Ill.); Christopher Shays (R-Conn.); and Albert Wynn (D-Md.) spoke in support of the legislation.
FAMM staff member Karen Garrison, whose twin sons are serving crack cocaine sentences, and Kemba Smith, who was sentenced to 24.5 years after becoming romantically involved with a major crack dealer, also spoke. The Garrison twins had just graduated from Howard University when they were convicted and sent to prison for 15.5 and 19.5 years. Smith was 23 years old and pregnant when she was sentenced. In 2000, President Bill Clinton commuted Smith’s sentence and she was released.
After hearing their stories, Shays said, “It strikes me that a country that would do that to its children is a country that lacks a moral compass.”
The bill had 32 cosponsors as of December 19. To see a current list of cosponsors, please follow this link: cosponsors of H.R. 4545
Dec. 17, 2007
Second Chance Act amended
On December 17, the House of Representatives, reacting to strong opposition in the Senate, passed a resolution amending the Second Chance Act that would expand the definition of an eligible elderly offender and remove the requirement that the he or she either suffers a profoundly debilitating medical condition or has a terminal illness with a life expectancy of one year or less.
The bill must now be voted on in the Senate and be signed by the President before becoming law. Senate leadership hoped to bring the bill to the floor before the Senate adjourned in December, but the bill stalled after Senator Jeff Session (R-Ala.) placed a hold on the bill. FAMM is hopeful that the Senator’s concerns will be resolved and the bill will receive a vote in 2008.
To read a copy of House Concurrent Resolution 270 amending H.R.1593, please follow this link: H. Con. Res. 270
Dec. 11, 2007
U.S. Sentencing Commission makes crack cocaine guideline reductions retroactive
The U.S. Sentencing Commission unanimously agreed on December 11 to allow prisoners serving crack cocaine sentences to seek sentence reductions that went into effect on November 1. Retroactivity will affect an estimated 19,500 federal prisoners, almost 2,520 of whom could be eligible for early release in the first year. The effective date of retroactivity is March 3, 2008, giving the courts and probation officers time to prepare to process cases. Federal courts will administer the application of the retroactive guideline, which is not automatic. Courts may refuse to grant sentence reductions to individuals if they believe they could pose a public safety risk.
The U.S. Sentencing Commission has repeatedly advised Congress since 1995 that there is no rational, scientific basis for the 100-to-1 ratio between crack and powder cocaine sentences. The Commission has also identified the resulting disparity as the "single most important" factor in longer sentences for blacks compared to other racial groups.
However, neither the new guideline nor its retroactivity changes the statutory mandatory minimums that retain the 100-to-1 quantity disparity between crack and powder cocaine. Follow this link to view Families Against Mandatory Minimum’s press release: FAMM press release
To find answers to frequently asked questions about the guideline change, follow this link: FAQ
Nov. 14, 2007
Second Chance Act passes House
On November 14, 2007 the House of Representatives passed a bill by a vote of 347 to 62 that has the potential to offer individuals in federal prison a second chance. H.R. 1593, the Second Chance Act, is bipartisan legislation introduced by Rep. Danny Davis (D-Ill.), along with Reps. Chris Cannon (R-Utah), John Conyers (D-Mich.) and Lamar Smith (R-Texas), that would provide assistance and resources to people returning to the community after serving a prison sentence.
The House-passed bill authorizes $342 million for transitional assistance to aid former prisoners coping with the challenges of reentry. The bill also included a limited pilot program for the early release of nonviolent, elderly prisoners, but the version that passed so severely limits the elderly release provision, few if any would benefit from the program.
The Senate must now pass S. 1060, the Senate companion bill to the House version of the Second Chance Act. Introduced by Sen. Joseph Biden, Jr. (D-Del.), S. 1060 has 34 bipartisan cosponsors. It was marked up by the Senate Judiciary Committee in early August and reported to the full Senate just before the August recess. FAMM is hopeful that the Senate will address changes made to the elderly release provision and restore the intended purpose of the pilot program. To see a copy of the bill as passed by the House, follow this link: Second Chance Act
Oct. 4, 2007
Senate hearing explores economic cost of prisons
The Senate Joint Economic Committee explored the cost of prisons and their effects on society at an October hearing, “Mass Incarceration in the United States: At What Cost?” Senator Jim Webb (D-Va.) chaired the hearing, which was well attended by committee members including Sen. Sam Brownback (R-Kans.), Sen. Robert Casey (D-Pa.), Rep. Phil English (R-Pa.), Rep. Maurice Hinchey (D-N.Y.), and Rep. Carolyn Maloney (D-N.Y.). Rep. Robert “Bobby” Scott (D-Va.), who is not a member of the committee but is a leader on sentencing reform issues, also attended.
In his opening statement, Rep. Webb pledged to work “on a solution that is both responsive to our needs for law and order, and fairer to those ensnared by this system.” The committee heard from experts who discussed the reasons behind the growth in the prison population; the economic costs of maintaining the prison system; the labor market and social costs of mass incarceration; and policy solutions that would reduce prison growth rates while maintaining public safety. To read statements from lawmakers and testimony by expert witnesses, please follow this link: view witness statements
Sept. 22, 2007
Gang bill passes the Senate, stalls in the House
On September 22, the Senate unanimously approved S. 456, the Gang Abatement and Prevention Act of 2007, a sweeping bill that authorizes $1 billion in funding for gang prevention, intervention and suppression programs and creates tough new federal penalties to deter and punish members of illegal street gangs.
Sponsored by Sen. Dianne Feinstein (D-Calif.), S. 456 does not include any mandatory minimums, but FAMM is concerned by the excessive reliance on federal prosecution and incarceration of youth. The bill must pass the House and be signed by the President before becoming law.