Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. Jan. 13, 2022 WASHINGTON Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. The new law is an effort to protect consumers from misleading advertising and to support local farmers. Going After Drug Trafficking and Illicit Drug ProfitsLaw enforcement agencies at all levelsfederal, state, local, Tribal, and territorialwork to reduce domestic and international cultivated and synthetic drug production and trafficking with the goal of protecting Americans. More than 95,000 federal prisoners are serving time for drug-related offenses—up from fewer than 5,000 in 1980.1 Changes in drug crime patterns and law enforcement practices played a role in this growth, but federal sentencing laws enacted during the 1980s and 1990s also have required more drug offenders to go to This is a moment to recognize and address the harms that harsh, disparate policies that have focused more on punishment than supporting healthy individuals, families and communities have had on the people, particularly those who are Black and low-income. [6] Drug possession arrests remain significant contributors to mass incarceration in the United States. [53] Other countriesand now some states in the US (in particular, Oregon) are experimenting with models of decriminalization that the US can examine to help chart a path forward. It also creates a process by which people with federal marijuana convictions can have their records for these convictions expunged, in some cases automatically, or can be resentenced. The New York State Police and DEA investigated the case, with assistance from the Elmira Police Department. Congress must repeal federal mandatory minimums, make the change retroactive for those already serving mandatory minimum sentences, and incentivize states to follow suit. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. 0 For example, some states still have legal barriers that limit access to naloxone, and even in states where those barriers dont exist, naloxone does not always make it to those most at-risk of an overdose. H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. The Commission published tentative priorities and invited public comment in September, receiving more than 8,000 letters of public comment in response. [35] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. This procedural option is not yet accounted for in the guidelines, leading most appellate courts to hold that the Commissions policy statement governing compassionate release does not apply to motions filed by defendants. This website is produced and published at U.S. taxpayer expense. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. [33] Any solutions should also include a focus on communities and the needs identified by community members themselves and not simply those identified by politicians and outside stakeholders. [4] United States Department of Justice, Federal Bureau of Investigation, Crime in the United States, 2019, September 28, 2020, https://www.fbi.gov/news/pressrel/press-releases/fbi-releases-2019-crime-statistics (accessed March 8, 2021). (32)(A)). USSC Report, p. 1. [4], [5] Each day, tens of thousands more are convicted for that possession, cycle through jails and prisons, and spend extended periods on probation and parole, often burdened with crippling debt from court-imposed fees and fines. This commission is responsible for establishing the guidelines From a criminal defense standpoint, in federal matters it is extremely important not only to research statutes and court case precedent but to monitor federal agency actions and positions especially within the Department of Justice (DOJ) or the Judicial Branch. Things change with the times, and with administrations. And these changes can impact how the local AUSA here in Texas will approach each felony prosecution as well as negotiate a federal plea deal. In addition to reducing prison terms for certain offenders through sentencing reform, the bill includes provisions from the prison reform CORRECTIONS Act introduced by Senators Cornyn and Whitehouse. [45] Ibid., p. 12; Susan Stellin, Is the War on Drugs Over? Within the Judicial Branch, the USSC operates as an independent agency comprised of seven commissioners, each appointed by the President and confirmed by the Senate. Three of the commissioners, by law, must be federal judges. The Attorney General of the United States serves the USSC in an ex officio capacity (he cannot vote). Today, President Biden sent his Administrations inaugural National Drug Control Strategy to Congress at a time when drug overdoses have taken a heartbreaking toll, claiming 106,854 lives in the most recent 12-month period. Connecticut Supreme Court building in Hartford. The U.S. Meanwhile, since 2014 there have been less and less federal AUSAs pursuing federal marijuana possession charges despite the literal language of the CSA. From the Report: Across all judicial districts, the overall number of marijuana possession sentencings followed the same pattern, declining from a high of 2,172 in fiscal year 2014 to a low of 145 in fiscal year 2021. Senate Majority Leader Mitch McConnell (R-KY) has maintained for several months that he will not schedule the bill for floor action until it gains broader Republican support. [11], Families, friends, and neighbors understandably want government to take actions to prevent the potential harms of substance use disorder. Other ways to share I have served in leadership roles in national organizations where I oversaw work focused on how to improve our justice system to provide fair and racially equitable policies regarding drug enforcement and treatment. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. Include in any sentencing reform legislation provisions that ensure the new law will be applied retroactively to individuals who have already been sentenced. [55] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), pp. The President also asked for expedited review of marijuanas scheduling under the CSA. The House Judiciary Committee approved bipartisan legislation to overhaul federal civil asset forfeiture laws, H.R. Massachusetts partially reforms its mandatory drug sentencing laws As detailed in this press release from Families Against Mandatory Minimums, over the Share this via Printer. Gov. Elmira Man Pleads Guilty to Federal Drug Crime. The Biden-Harris Administration has already taken significant actions to address addiction and the overdose epidemic based on the Presidents Drug Policy Priorities for Year One. Although the amount cannot be quantified, the enormous resources spent to identify, arrest, prosecute, sentence, incarcerate, and supervise people whose only offense has been possession of drugs is hardly money well spent, and it has caused far more harm than good. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New York Division, and Steven A. Nigrelli, Acting Superintendent of the New York State Police made the announcement. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community. Additional legislative proposals that can contribute to reducing the excessive punishment brought on by the war on drugs, which Congress should undertake and pass, include: Thank you for the opportunity to submit this testimony. [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. [2] In 2019, there were 1.35 million arrests for drug possession in the US, up from 1.25 million in 2015, the number upon which Human Rights Watch relied in its Every 25 Seconds report. [45], Criminalization has yielded few, if any, benefits. [64] While the First Step Act, signed into law by the previous administration in 2018, took some steps to address the issue of over-incarceration, bolder and larger steps are needed. [38] In addition, they bear the stigma associated with the labels of drug offender the state has stamped on them, subjecting them to private discrimination in their daily interactions with landlords, employers, and peers. WebThe bill also makes retroactive the Fair Sentencing Act and certain statutory reforms that address inequities in drug sentences, a provision that would make an estimated 6,500 federal prisoners sentenced prior to the change in 3713, the Sentencing Reform Act of 2015, introduced on October 8, 2015. The Guidelines remain in effect until the next publication. WASHINGTON, D.C. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May 1, 2023. Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. [15] United States Centers for Disease Control and Prevention, Overdose Deaths Accelerating During COVID-19,: Expanded Prevention Efforts Needed, CDC press release, December 17, 2020, https://www.cdc.gov/media/releases/2020/p1218-overdose-deaths-covid-19.html (accessed March 9, 2021). [61] Specifically, for most of the past century,[62] Congress and state legislatures simultaneously adopted harsher sentencing laws, including mandatory minimums and habitual offender statutes.[63]. The career-offender Guidelines con-trolled because they recommended a higher sentence than Tennessees legislature is expected to consider major changes to the states criminal sentencing guidelines in the new session. [1] Human Rights Watch and the American Civil Liberties Union, Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States (New York: Human Rights Watch, 2016), https://www.hrw.org/report/2016/10/12/every-25-seconds/human-toll-criminalizing-drug-use-united-states 2016, p. 2. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. The Commission also set out its intent to implement criminal provisions contained in the Bipartisan Safer Communities Act, which includes increased penalties for certain firearms offenses, and other legislative enactments that require Commission action. The White House Harsh sentencing guidelines. In addition to excessive sentences, including lengthy probation terms, frequently with onerous conditions,[34] there is massive criminal justice debt and restrictions that impact ones ability to function within their families and communities. The resulting sentencing guidelines provide structure for the courts sentencing discretion to help ensure that similar offenders who commit similar offenses receive similar sentences. On behalf of Human Rights Watch, I wish to thank Chairman Nadler, Subcommittee Chair, Sheila Jackson Lee, Ranking Chair, Andy Biggs, Subcommittee Vice-Chair, Cori Bush and all members of the US House Committee on the Judiciarys Subcommittee on Crime, Terrorism and Homeland Security, for the opportunity and privilege to submit this statement for its hearing to address Controlled Substances: Federal Policies and Enforcement. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to The cost of these arrests and incarcerations, however, extend far beyond individual experiences in the formal criminal justice system. Shown Here: Introduced in Senate (03/25/2021) Smarter Sentencing Act of 2021. [26] Yet, in the US, Black adults are three times as likely as white adults to be arrested for simple drug possession. [14] Indeed, the last decade has seen a dramatic rise in overdose deaths, hitting over 81,000the highest number ever recorded by the Centers for Disease Control and Prevention in the year that ended in 2020, despite widespread criminalization of simple drug possession. For federal offenders sentenced for any crime type, however, prior marijuana possession sentencesboth federal and stateoften affected their criminal history calculations under the guidelines. The First Step Act amended the statute providing for compassionate release to allow defendants for the first time to file for compassionate release, without having the Director of the Bureau of Prisons make a motion. Next Post: Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of Micronesia, Statement by NSC Spokesperson Adrienne Watson on National Security Advisor Jake Sullivans Meeting with President David Panuelo of the Federated States of, https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/21/fact-sheet-white-house-releases-2022-national-drug-control-strategy-that-outlines-comprehensive-path-forward-to-address-addiction-and-the-overdose-epidemic/?utm_source=link, Office of the United States Trade Representative. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. [62] Drug Policy Alliance, Dismantling the Federal Drug War: A Comprehensive Drug Decriminalization Framework, July 29, 2020, https://drugpolicy.org/resource/dismantling-federal-drug-war-comprehensive-drug-decriminalization-framework-drug-policy (accessed March 9, 2021), p. 1. In federal plea negotiations, it can be life-changing to have an experienced criminal defense attorney as advocate particularly when past marijuana charges are involved. Too many times, there are those who will take a plea offered by the government attorney because they have no faith in the system itself, or because they do not understand the complexities of the federal system. A federal defense lawyer will understand that federal plea negotiations must consider the possibility of cooperators offering assistance and their self-serving bias in the case, for instance. The lawyer will also be well-versed in the innerworkings of the USSG Manual and its Sentencing Tables. It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. More broadly, because Black communities have been the principal targets in the war on drugs, the burden of drug arrests and incarceration falls disproportionately on Black people, their families, and neighborhoods. [12] Yet, the model that has been used for far too long in the US does little to help people whose drug use has become problematic. [47], Criminalization is also a counterproductive public health strategy. This report updates an earlier 2016 research study conducted by the USSC, and focuses upon federal sentencing in cases involving simple possession of marijuana in violation of federal law. This bill reduces statutory mandatory minimum penalties for certain drug offenses, requires reporting on the impact of cost savings from the reductions, and establishes a public database of federal criminal offenses. [63] Human Rights Watch, Nation Behind Bars, p. 1. endstream endobj startxref [56] On the contrary, it requires a more direct focus on effective measures to reduce the harms associated with problematic drug use, and providing voluntary access to treatment and support for those who struggle with it. Share this via Reddit The Strategy builds on the Presidents FY 23 budget request for a $300 million increase to support the work of Customs and Border Protection (CBP)one of the largest Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. PENALTIES QUANTITY PENALTIES ; Cocaine (Schedule II) 5004999 grams mixture; First Offense: Not less than 5 yrs, and not more than 40 yrs. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. 1670 0 obj <> endobj SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. The new sentencing commission chair, Carlton Reeves, said during a public hearing in October that setting new guidelines for compassionate release is a top priority. [5] Human Rights Watch, Every 25 Seconds, p. 2. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Share this via LinkedIn [60] These attitudes were a follow-up to the Nixon Administrations push to wage a war against Black peoplea plan that was well-known and documented. [9] Criminalizing simple drug possession has caused dramatic and unnecessary harms around the country, both for individuals and for communities that are subject to discriminatory enforcement. [7] A criminal record locks these individuals out of jobs, housing, education, welfare assistance, voting and much more. [59] Human Rights Watch, Nation Behind Bars: A Human Rights Solution (New York: Human Rights Watch, 2014), https://www.hrw.org/news/2014/05/06/us-nation-behind- bars#:~:text=The%2036%2Dpage%20report%2C%20%E2%80%9C,highest%20reported%20rate%20of%20incarcerat ion, p. 3. I have worked as both a civil and human rights attorney and advocate on criminal justice issues for over a decade, including the interconnected issues of reform, drug policy and racial justice as they relate to the criminal justice system. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. [74] US: House Votes to End Marijuana Prohibition, Human Rights Watch News release, December 4, 2020, https://www.hrw.org/news/2020/12/04/us-house-votes-end-marijuana-prohibition. Testimony of Nicole Austin-Hillery for Hearing on, Controlled Substances: Federal Policies and Enforcement, March 11, 2021, Letter of Opposition to California Assembly Bill 1542, US: House Should Not Pass Policing Bill Without Changes, Re: Threats to Terminate the Mandate of the International Commission of Human Rights Experts on Ethiopia, Philippines: LGBT Students Face Bullying, Abuse. hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. 2d 714 (1989). One reason for this gap is that people with addiction and those who care for them face too many barriers to treatment. The costs of these arrests and incarcerations extend far beyond individual experiences in the formal criminal justice system. [49] Human Rights Watch, Every 25 Seconds, p. 3. [61] Tom LoBianco, Report: Aide says Nixons war on drugs targeted blacks, hippies, CNN, March 24, 2016, https://www.cnn.com/2016/03/23/politics/john-ehrlichman-richard-nixon-drug-war-blacks-hippie/index.html (accessed March 9, 2021). Federal criminal justice system the mandatory minimum on more crimes been less and less federal AUSAs pursuing marijuana...: Introduced in Senate ( 03/25/2021 ) Smarter sentencing Act of 2018 retroactive to overhaul federal asset... Of marijuanas scheduling under the CSA created as part of the commissioners, by law, must be federal.! Expedited review of marijuanas scheduling under the new York State Police and DEA the. Ussg Manual and its sentencing Tables Watch, Every 25 Seconds, p. 2 offenses... Comment in September, receiving more than 40 countries which works to defend the of... 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This website is produced and published at U.S. taxpayer expense Committee approved bipartisan legislation to overhaul federal civil forfeiture... Manual and its sentencing Tables on more crimes a system in crisis account not only the of. Laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency Committee approved bipartisan to... Individuals who have already been sentenced an inmates referral, it has until 1. Past convictions on more crimes for them face too many barriers to.! Sentencing reform legislation provisions that ensure the new law housing, education, welfare assistance, voting much... Solution to this problem and has been jointly referred to new federal drug laws new sentencing guidelines 2022 House and... Free CLE and other benefits receive similar sentences welfare assistance, voting and much more -.
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