Sentencing Reform And Corrections Act
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The Sentencing Reform and Corrections Act (, also called the Sentencing Reform and Corrections Act of 2015 or SRCA) is a bipartisan
criminal justice reform Criminal justice reform addresses structural issues in Criminal justice, criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Criminal justice reform can take place at any poi ...
bill introduced into the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
on October 1, 2015 by
Chuck Grassley Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the Seniority in the United States Senate, senior United States Senate, United States sen ...
, a Republican senator from
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
and the chairman of the
United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, a ...
.


Provisions

The bill would do the following: *Make retroactive the reduced sentences for crack convictions (
Fair Sentencing Act The Fair Sentencing Act of 2010 () was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010 that reduces the disparity between the amount of crack cocaine and powder cocaine needed to tri ...
). *Reduce
mandatory sentence Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are inst ...
s, also known as mandatory minimums, for people convicted more than three times for drug crimes, down from life without parole after the third offense to 25 years. *Reduce mandatory sentences for armed career criminals and violent firearm offenses from a 15 year minimum down to 10 years. *Reduce mandatory sentences for drug crimes from 15 to 10 years. *Limit the use of
solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...
on juvenile prisoners. *Require the federal government to compile a list of every law that includes a criminal penalty. *Increase mandatory minimums for crimes such as
domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...
. *Require the
Federal Bureau of Prisons The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency under the Department of Justice that is responsible for the care, custody, and control of incarcerated individuals who have committed federal crimes; that i ...
to spend more money to offer more programs and services attempting to reduce
recidivism Recidivism (; from ''recidive'' and ''ism'', from Latin ''recidīvus'' "recurring", from ''re-'' "back" and ''cadō'' "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of th ...
rates and make prisoners participate in productive activities. The bill would only apply to federal prisoners without changing anything in states' laws or judicial systems.


Sponsors

In addition to Grassley, other sponsors of the bill when it was first introduced included: *Senate Judiciary Ranking Member
Patrick Leahy Patrick Joseph Leahy (; born March 31, 1940) is an American politician and attorney who is the senior United States senator from Vermont and serves as the president pro tempore of the United States Senate. A member of the Democratic Party, ...
(D-VT) *Senate Judiciary Member
Mike Lee Michael Shumway Lee (born June 4, 1971) is an American lawyer and politician serving as the senior United States senator from Utah, a seat he has held since 2011. He is a member of the Republican Party. Lee began his career as a clerk for the U ...
(R-UT) *Senate Judiciary Member
Sheldon Whitehouse Sheldon Whitehouse (born October 20, 1955) is an American lawyer and politician serving as the junior United States senator from Rhode Island since 2007. A member of the Democratic Party, he served as a United States Attorney from 1993 to 1998 ...
(D-RI) *Senate Majority Whip
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...
(R-TX) *Senate Minority Whip Richard Durbin (D-IL) *Senator
Charles Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
(D-NY) *Senator
Cory Booker Cory Anthony Booker (born April 27, 1969) is an American politician and attorney who has served as the junior United States senator from New Jersey since 2013. A member of the Democratic Party, Booker is the first African-American U.S. sena ...
(D-NJ) The bill added the following additional sponsors when it was re-introduced in October 2017: *Senator
Roy Blunt Roy Dean Blunt (born January 10, 1950) is an American politician serving as the senior United States senator for Missouri, a seat he was first elected to in 2010. A member of the Republican Party, he previously served as the 33rd Missouri Sec ...
(R-MO) *Senator
Dianne Feinstein Dianne Goldman Berman Feinstein ( ; born Dianne Emiel Goldman; June 22, 1933) is an American politician who serves as the senior United States senator from California, a seat she has held since 1992. A member of the Democratic Party, she was ...
(D-CA) *Senator
Jeff Flake Jeffry Lane Flake (born December 31, 1962) is an American politician and diplomat who is the current U.S Ambassador to Turkey. A member of the Republican Party, Flake served in the United States House of Representatives from 2001 to 2013 and ...
(R-AZ) *Senator
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee ...
(R-SC) *Senator
Tim Scott Timothy Eugene Scott (born September 19, 1965) is an American businessman and politician serving as the junior United States senator from South Carolina since 2013. A member of the Republican Party, Scott was appointed to the U.S. Senate by Go ...
(R-SC)


Revisions

To gain more support for the measure, bill sponsors announced revisions on April 28, 2016. Most notably, the proposed amendments would remove provisions related to armed career criminals, add new sentence enhancements for crimes involving
fentanyl Fentanyl, also spelled fentanil, is a very potent synthetic opioid used as a pain medication. Together with other drugs, fentanyl is used for anesthesia. It is also used illicitly as a recreational drug, sometimes mixed with heroin, cocaine ...
, and remove the retroactivity of the additional proposed safety valves. The provision making the Fair Sentencing Act retroactive would remain intact.


Timeline

* Oct. 1, 2015 — Bill is introduced. * Oct. 22, 2015 — Senate Judiciary Committee votes 15-5 to send the bill to the floor for a vote. * Oct. 4, 2017 — The bill was reintroduced as S. 1917.


Opposition

Tom Cotton Thomas Bryant Cotton (born May 13, 1977) is an American politician, attorney, and former military officer serving as the junior United States senator for Arkansas since 2015. A member of the Republican Party, he served in the U.S. House of R ...
, a Republican senator from
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the Osage ...
, has led a group of other Republican congresspeople who are opposed to the bill. Cotton has argued that rates of murder and other violent crime have decreased so much since the 1990s because of "higher mandatory minimums put in place in the 1980s coupled with vigilant policing strategies pioneered by
Rudy Giuliani Rudolph William Louis Giuliani (, ; born May 28, 1944) is an American politician and lawyer who served as the 107th Mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 198 ...
and other American mayors and law enforcement officials." He has also argued that the bill, if passed, would lead to the release of thousands of violent felons.


Support

On the day that the bill was introduced, Molly Gill, of
Families Against Mandatory Minimums Families Against Mandatory Minimums (FAMM) is an American nonprofit advocacy organization founded in 1991 to challenge mandatory sentencing laws and advocate for criminal justice reform. FAMM promotes sentencing policies that give judges the disc ...
, said that "it doesn’t go as far as we would like." On October 3, 2015,
Marc Mauer Marc Mauer is the executive director of the Sentencing Project, a group that advocates for criminal justice reform and addressing racial disparities in the United States criminal-justice system. Education Mauer received his bachelor's degree from ...
, the executive director of the
Sentencing Project The Sentencing Project is a Washington, D.C.-based research and advocacy center working for Decarceration in the United States, decarceration in the United States and seeking to address Race in the United States criminal justice system, racial dis ...
, told
NPR National Public Radio (NPR, stylized in all lowercase) is an American privately and state funded nonprofit media organization headquartered in Washington, D.C., with its NPR West headquarters in Culver City, California. It differs from other ...
that the bill "is the most substantial criminal justice reform legislation introduced since the inception of the 'tough on crime' movement that brought crimes rate drastically down over the last decades." On October 17, 2017,
National Football League The National Football League (NFL) is a professional American football league that consists of 32 teams, divided equally between the American Football Conference (AFC) and the National Football Conference (NFC). The NFL is one of the ...
Commissioner Roger Goodell and
Seattle Seahawks The Seattle Seahawks are a professional American football team based in Seattle. The Seahawks compete in the National Football League (NFL) as a member club of the league's National Football Conference (NFC) West, which they rejoined in 2002 as ...
wide receiver
Doug Baldwin Douglas Dewayne Baldwin Jr. (born September 21, 1988) is a former American football wide receiver. He played college football at Stanford and was signed by the Seattle Seahawks as an undrafted free agent in 2011. Baldwin is the Seahawks thi ...
penned a letter in support of the legislation, writing that the bill would "increase rehabilitation. If enacted, it would be a positive next step in our collective efforts to move our nation forward."


Criticism

Writing in ''Mother Jones'' the day after the bill was introduced,
Shane Bauer Shane Bauer is an American journalist, best known for his undercover reporting for ''Mother Jones'' magazine. He has won several awards including the Harvard's Goldsmith Prize for Investigative Reporting and the National Magazine Award for Best ...
described the bill as "remarkably unambitious" in addressing mass incarceration and argued that it "doesn't live up to its own hype." The bill has been criticized by Nicholas Wooldridge, a defense attorney from
Las Vegas Las Vegas (; Spanish for "The Meadows"), often known simply as Vegas, is the 25th-most populous city in the United States, the most populous city in the state of Nevada, and the county seat of Clark County. The city anchors the Las Vegas ...
, for "creat ngthe appearance of reform without doing much of anything to effect actual reform." In March 2016,
Marc Morial Marc Haydel Morial (born January 3, 1958) is an American political and civic leader and the current president of the National Urban League. Morial served as Mayor of New Orleans from 1994 to 2002 as the city's youngest Mayor, President of the ...
, the president of the
National Urban League The National Urban League, formerly known as the National League on Urban Conditions Among Negroes, is a nonpartisan historic civil rights organization based in New York City that advocates on behalf of economic and social justice for African Am ...
, asked Congress to delay action on both the House and Senate versions of the bill until the information could be obtained on its possible effects on blacks and Hispanics.


References

{{Reflist, group=nb Proposed legislation of the 114th United States Congress Proposed legislation of the 115th United States Congress Criminal justice reform in the United States United States proposed federal criminal legislation