[46] Criminalizing drugs is not an effective public safety policy. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. 3713, the Sentencing Reform Act of 2015, introduced on October 8, 2015. Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. It also subjects them to discrimination and stigma. The Presidents National Drug Control Strategy is the first-ever to champion harm reduction to meet people where they are and engage them in care and services. Fine of not more than $5 million My name is Nicole Austin- Hillery and I am the Executive Director of the US Program at Human Rights Watch. Help us continue to fight human rights abuses. [27] Human Rights Watch also found stark racial disparities in arrest rates for drug possession even in the same state or city. See US Department of Justice, Criminal Justice Information Services Division, Federal Bureau of Investigation, 2019, Table 29 https://ucr.fbi.gov/crime-in- the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/persons-arrested and Persons Arrested data showing that 86.7 percent of arrests for drug abuse violations in 2019 were for possession https://ucr.fbi.gov/crime-in-the- u.s/2019/crime-in-the-u.s.-2019/topic-pages/persons-arrested (accessed March 9, 2021); see also Human Rights Watch, Every 25 Seconds, p. 37. WebAnother influential change is reform to sentencing guidelines by the United States Sentencing Commission. A defendant convicted of a class A-1 felony (possession of 8 or more ounces of substances containing a narcotic drug or 5,760 milligrams of methadone) may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000. [57] Ultimately, the criminal law does not achieve these important ends, and causes additional harm and loss instead. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. On October 6, 2022, President Joseph Biden granted a pardon to current U.S. citizens and lawful permanent residents convicted of the federal offense of simple possession of marijuana. In addition, the U.S. Department of Justice generally has treated marijuana possession offenses as a low enforcement priority in recent years. USSC Report p. 1. Federal law allows states to lock people out of welfare assistance and public housing for years and sometimes even for life based on a drug conviction. The United States Sentencing Commission today unanimously approved its policy priorities for the 2022-2023 amendment year ending May Comments are welcomed here and I will respond to you -- but please, no requests for personal legal advice here and nothing that's promoting your business or product. The Attorney General, or the Attorney Generals designee, and the Chair of the U.S. Parole Commission serve as. Notably, the government does not defend the position of at least three circuit courts of appeals: that district judges are prohibited from considering certain new developments, such as intervening case law or updates to the Federal Sentencing Guidelines that may have affected a defendants sentence if they had been in place at the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 see e.g., 27 U.S. Sentencing Commission. 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 The Human Toll of Criminalizing Drug Use in the United States, Marijuana Arrestees Do Not Become Violent Felons, Human Rights Watch defends the rights of people in close to 100 countries worldwide, spotlighting abuses and bringing perpetrators to justice. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Although the primer identifies some of the key cases and concepts, it is not a comprehensive compilation of authority nor intended to be a substitute for independent research and analysis of primary sources. Get the world's top human rights news, straight to your inbox. [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. The Act expanded eligibility to certain offenders with more than one criminal history point. [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. Web2022 Sentencing Guidelines and Commentary The 2022 Sentencing Guidelines* are effective August 1, and determine the presumptive sentence for felony offenses committed on or after the effective date. A defendant convicted of a federal drug crime could previously receive the following penalties under the Anti-Drug Abuse Act: A conviction of a drug offense involving the trafficking of 500 grams or more of powder cocaine carried a mandatory minimum sentence of at least five years in prison. Similarly, key tools like naloxone and syringe services programs are often restricted or underfunded at the community level, which limits access for people who use drugs. Michael Lowe is Celebrating Over 20 YEARS of Service. Addressing Untreated Addiction for Those At-Risk of an OverdoseAccording to the 2020 National Survey on Drug Use and Health, among the 41.1 million people who needed treatment for substance use disorders (SUD), only 2.7 million (6.5-percent) of them received treatment at a specialty treatment facility over the previous year. These positions were referred to as Testing Designated Positions (TDPs). Arrest Statistics Say No, New York Times, November 5, 2019, https://www.nytimes.com/2019/11/05/upshot/is-the-war-on-drugs-over-arrest-statistics-say-no.html(accessed March 9, 2021). For criminal defense practitioners, this is a big deal. Why? The USSC has the power to investigate, research, draft, edit, promulgate, and amend the United States Sentencing Guidelines (USSG). The USSG, in turn, control what punishment can be assessed in a federal case after conviction. For review, the current USSG Manual can be accessed online. [47], Criminalization is also a counterproductive public health strategy. Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. Your email address will not be published. WebAnother recent publication worthy of study by federal criminal defense lawyers is the new January 2023 report of the United States Sentencing Commission (USSC), written by 5 . 3553(a). This website is produced and published at U.S. taxpayer expense. [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. hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` Some want to make it easier for people to get out of prison. The U.S. Supreme Court ruled Monday that some crack cocaine offenders sentenced to harsh prison terms more than a decade ago cannot get their sentences mr. mario puentes sentencing memorandum . Unfortunately, these changes are not retroactive, and it is estimated at least four thousand people in federal prison today serving sentences under now-reformed statutes will not benefit, including many people who will die in prison without retroactivity.[68]. The Commission serves as an information resource for Congress, the executive branch, the courts, criminal justice practitioners, the academic community, and the public. I am honored to have this opportunity to address the committee regarding ways to effectively, and fairly, approach drug policy in the United States. [16] Human Rights Watch, Every 25 Seconds, p. 3. [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. You have JavaScript disabled. Insofar as individual federal representations, the USSC Report may be helpful in negotiations with the AUSA when the case involves a prior simple marijuana possession charge. The USSC Report successfully identifies the unfairness of the current system where a cannabis possession conviction can mean a significantly enhanced sentence because of a higher criminal history calculation in the USSG. WebUSSC Guidelines. [2] Then and now, police in the United States make far more arrests for simple drug possession than for any other crime. It would reduce the volume required to trigger five-year mandatory minimum sentences for powder cocaine from 500 grams to 400 grams, and from 5 kilograms to 4 kilograms for 10-year mandatory minimum [36] Human Rights Watch, Every 25 Seconds, p. 2. (1) A person possessing or using a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, Commissioners are nominated by the President and confirmed by the Senate. [28] In Manhattan, for example, we found that Black people were eleven times as likely as white people to be arrested for simple drug possession. Since the October markup, the number of Senators cosponsoring S. 2123 has grown to 28, comprised equally of 14 Republicans and 14 Democrats. An error occurred while subscribing your email address. 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. Please try again. On February 11, 2016, the House Judiciary Committee by voice vote approved H.R. This website is produced and published at U.S. taxpayer expense. The Commission collects, analyzes, and disseminates a broad array of information on federal crime and sentencing practices. Call the Law Office of Patrick J. McLain, PLLC at (214) 238-9392 to schedule your initial consultation. After decades of tough on crime policies, there is growing recognition in the US that governments need to undertake meaningful criminal justice reform and that the war on drugs has failed. Reform of the federal criminal justice system is urgently needed to restore balance to a system in crisis. 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. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. [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. However, these steps are simply not enoughit is time to have a real, honest and critical discussion about the criminalization of drug use and what steps must be taken to rethink reform. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Many states facing unsustainable prison growth have enacted sentencing reforms to expand alternatives to incarceration and shorten sentences for non-violent offenders, with good results. From the Report: The majority (79.3%) of the 5,878 prior marijuana possession sentences (marijuana priors) were assigned one point under 4A1.1(c), which applies to any prior sentence of less than 60 days imprisonment, including non-custodial sentences (Figure 7). The House is expected to package together the several separately approved Judiciary bills for floor action during a "criminal justice reform week" later this year. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. The Commission identified 4,405 offenders sentenced in fiscal year 2021 who received criminal history points under 4A1.1 for prior marijuana possession sentences, representing 8.0 percent of all offenders sentenced that year. ) or https:// means youve safely connected to the .gov website. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. Created by the Sentencing Reform Act found within the Comprehensive Crime Control Act of 1984, the Supreme Court of the United States approved its authority in Mistretta v. United States, 488 U.S. 361, 109 S. Ct. 647, 102 L. Ed. The Strategy delivers on the call to action in President Bidens Unity Agenda through a whole-of-government approach to beat the overdose epidemic. The authors of the USSC Report acknowledge the changing tide in marijuana possession laws among the states and territories, with more and more jurisdictions not only permitting marijuana use for medicinal purposes but allowing personal recreational marijuana use in small amounts (decriminalization). In addition, the Strategy directs federal agencies to expand efforts to prevent substance use among school-aged children and young adults, and support community-led coalitions implementing evidence-based prevention strategies across the country. [37] People convicted of simple drug possession may no longer qualify for educational loans; they may be forced to rely on public transport because their drivers license is automatically suspended; they may be banned from juries and they may face deportation if they are not US citizens, no matter how long they have lived in the US or how many family members live in the country. 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. In 2016, Human Rights Watch and the American Civil Liberties Union (ACLU) issued a joint report entitled Every 25 Seconds: The Human Toll of Criminalizing Drug Use in the United States. Our research found that, at the time, every 25 seconds in the United States, someone is arrested for the simple act of possessing drugs for their personal use. In Part Two, the USSC considers both federal and state law in prior sentences for simple marijuana possession and analyzes how they impact USSG criminal history calculations for new federal offenses. But those changes could take two drastically different directions. [49] For people who struggle with substance use disorder, criminalization often means cycling in and out of jail or prison, with little to no access to voluntary treatment. We'll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better. 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. H.R.3713 has 21 cosponsors and has been jointly referred to the House Judiciary and House Energy and Commerce Committees. Lastly, the National Drug Control Strategy includes three companion documents that direct Federal agencies to take actions that stop the trafficking of drugs across our Caribbean, Northern, and Southwest Borders. Human Rights Watch is an international organization with staff in more than 40 countries which works to defend the rights of people worldwide. United States Attorney Carla B. Freedman, Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration-New Strong sentencing reform is the key to addressing federal over-incarceration, like that proposed in the Senate Sentencing Reform and Corrections Act (S. 2123) and the House Sentencing Reform Act (H.R. Share this via Telegram 4002, that contains a provision that would provide for a default criminal intent element mens rea for all federal criminal offenses that do not address or are silent as to a criminal intent requirement. The Commission looks forward to hearing more from experts and researching more fully the benefits of these programs.. For several years, the USSC has not been fully functional because it lacked the quorum necessary to act. Six months ago, that changed. All seven Biden appointees to the USSC were confirmed by the Senate. Read, At long last, we have a fully loaded USSC: Senate confirms all seven of Prez Bidens nominees to Sentencing Commission, published by Sentencing Law and Policy on August 4, 2022. [57] Human Rights Watch, Every 25 Seconds, p. 13. WebThe Sentencing Commission was created in 1987 to combat sentencing disparities across jurisdictions. The criminal provisions of the It calculates how many of the total federal sentences in fiscal year 2021 included criminal history points under USSG Manual Chapter Four for prior marijuana possession sentences. A bipartisan group of senators led by Senate Judiciary Committee Chairman Chuck Grassley (R-IA) and Dick Durbin (D-IL) on October 1, 2015 introduced comprehensive legislation aimed at recalibrating prison sentences for certain drug offenders, narrowing mandatory minimum sentences to target violent criminals, and granting judges greater discretion at sentencing for lower-level drug crimes. 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 Guidelines set by the U.S. Share this via Email The SMART Cocaine Sentencing Act would reduce the current crack-to-powder cocaine sentencing disparity from 18:1 to 2.5:1. The United States Sentencing Commission, an independent agency in the judicial branch of the federal government, was organized in 1985 to develop a national sentencing policy for the federal courts. Webschedule II drug. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. If death or serious injury, not less than 20 yrs, or more than Life. In this section, learn about the Commissions mission, structure, and ongoing work. [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. A locked padlock Connecticut Supreme Court building in Hartford. 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. [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. It included military personnel, workers in certain positions that require security clearances, and those who wished to become medical technicians. Share sensitive information only on official, secure websites. [15], Governments and communities have a legitimate interest in preventing problematic substance use. The SRCA bill narrows the scope of mandatory minimum prison sentences to focus on the most serious drug offenders and violent criminals, while broadening the authority of federal judges to sentence below set mandatory minimums for individuals with criminal histories that do not include serious drug or violent offenses. [51], It is time to rethink the criminalization paradigm. [67] The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the 25-year mandatory minimum for certain firearm offenses is reserved for true recidivists, and expanded safety valve relief for certain nonviolent drug offenses, will help to limit excessive sentences in the future. [39], In 2021, the nation experienced a national election with record-breaking numbers of voters engaged in the electoral process, yet 5.2 million Americans were forbidden to vote because of felony disenfranchisement, or laws restricting voting rights for those convicted of felony-level crimes.[40] Many of these individuals have a drug conviction that prevents them from enjoying full civic participation. 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? The 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 law eligible to petition for sentence reduction. In this section, learn about the Commissions mission, structure, and ongoing work. [42] The harms experienced by people who use drugs, and their families and broader communities, as a result of the enforcement of these laws, may constitute additional, separate human rights violations. Department of Justice U.S. Attorneys Office District of Massachusetts. 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 ever increases for CBPand for a $300 million increase for the Drug Enforcement Administration. As we now pivot to work on the final priorities set forth today, we look forward to a careful and detailed examination of these issues and our continued interaction with the public to ensure the federal sentencing guidelines properly reflect current law and promote uniformity in sentencing., The Commission will also address circuit conflicts, examine other key components of the guidelines relating to criminal history, and begin several multi-year projects, including an examination of diversion and alternatives-to-incarceration programs. It also includes efforts to strengthen domestic law enforcement cooperation to disrupt the trafficking of illicit drugs within the United States, and increase collaboration with international partners to disrupt the supply chain of illicit substances and the precursor chemicals used to produce them. [52] Fortunately, there are alternatives to criminalization. It directs federal agencies to expand scientific understanding of the recovery process by establishing a federal recovery research agenda; adopt flexible, responsive approaches that help people with SUD find and follow a pathway to recovery or remission that works for them; and eliminate barriers and increase economic opportunities for people in recovery. [50] Criminalization undermines the right to health, as fear of law enforcement can drive people who use drugs underground, deterring them from accessing health services and emergency medicine and leading to illness and sometimes fatal overdose. It also calls for actions that will expand access to evidence-based treatments that have been shown to reduce overdose risk and mortality. The USSC HelpLine assists practitioners in applying the guidelines. It is the burden of increased police presence and surveillance which equals not just more drug arrests but more arrests in total, in addition to the other non-quantifiable damage that comes from living under police scrutiny. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. [36], A drug conviction also keeps many people from getting a job, renting a home, and accessing benefits and other programs they may need to support themselves and their families. The plan was flawed. WebIf passed, the Smarter Sentencing Act would Reduce by about half the mandatory penalties for people convicted of drug trafficking (i.e., 5-, 10-, and 15-year sentences would become 2-, 5-, and 10-year sentences); Reduce by half or more the mandatory penalties for drug couriers convicted of drug importation Possession Laws: Federal drug statutes outline mandatory drug sentences for the distribution, manufacturing, and possession with the intent to distribute for a variety of substances. 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. Finally, it emphasizes the need to develop stronger data collection and analysis systems to better deploy public health interventions. [64] Human Rights Watch, Revoked, p. 132. Web*The minimum sentence for a violation after two or more prior convictions for a felony drug offense have become final is a mandatory term of life imprisonment without release and Harsh sentencing guidelines. [11], Families, friends, and neighbors understandably want government to take actions to prevent the potential harms of substance use disorder. The new law is an effort to protect consumers from misleading advertising and to support local farmers. Are amended, a subsequent, in this section, you will find the Commissions archive! Than life reform to Sentencing guidelines by the Senate a whole-of-government approach to beat the overdose epidemic free and... Assists practitioners in applying the guidelines public safety policy michael Lowe is Celebrating Over 20 years of Service communities a! Call the law Office of Patrick J. McLain, PLLC at ( 214 238-9392... 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