These one-size-fits-all punishments allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial. [51], It is time to rethink the criminalization paradigm. 0 [16] But, the criminal legal system is not the solution to this problem and has led to dramatically harmful consequences. [57] Human Rights Watch, Every 25 Seconds, p. 13. 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. It instructs federal agencies to prioritize actions that will save lives, get people the care they need, go after drug traffickers profits, and make better use of data to guide all these efforts. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. WebManufacturing methamphetamine carries a federal sentence of up to 10 years imprisonment and a $250,000 fine for the first offense, and up to 20 years and a $500,000 fine for the second offense. 1600 Pennsylvania Ave NW 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. The U.S. Many states have enacted bipartisan smart-on-crime reforms that achieve significant cost savings and reduce crime. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. S. 2123, the Sentencing Reform and Corrections Act of 2015 (SRCA), is also sponsored by Senators John Cornyn (R-TX), Sheldon Whitehouse (D-RI), Mike Lee (R-UT), Charles Schumer (D-NY), Lindsey Graham (R-SC), Patrick Leahy (D-Vt.), Cory Booker (D-N.J.) and Tim Scott (R-SC). One of the most important factors controlling sentencing under Drug Abuse and Control Act are Federal Sentencing Guidelines. The U.S. 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. Share this via Twitter ) or https:// means youve safely connected to the .gov website. %PDF-1.6 % For 40.1 percent (n=1,765) of these offenders, the points assigned to their prior marijuana possession sentences resulted in a higher criminal history category, which in turn resulted in a higher sentencing guideline range. 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. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. The prospective sentencing reforms incorporated in the First Step Act, including reduced sentencing enhancements for prior drug offenses, clarification that the 5283, the Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act) by voice vote on May 25, 2016. The New York State Police and DEA investigated the case, with assistance from the Elmira Police Department. 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. Over-reliance on prison is fiscally unsustainable and has imposed a burdensome human toll and a disparate impact on African-American and Latino persons and communities. 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. 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. [5] Human Rights Watch, Every 25 Seconds, p. 2. 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. The President also asked for expedited review of marijuanas scheduling under the CSA. Department of Justice U.S. Attorneys Office District of Massachusetts. Another 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 Vera M. Kachnowski, J.D., Christine Kitchens, M.A., and Cassandra Syckes, M.A., and entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System (USSC Report). 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 [18], More broadly, the war on drugs has contributed significantly to the problem of mass incarceration in the United States. Required fields are marked *. Lawmakers should ensure that criminal laws permit judges to impose proportionate sentences, that consider individualized circumstances and allow appropriate leniency. [17] It punishes an activity that does not directly harm others. 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. In addition, the First Step Act made changes to the safety valve, which relieves certain drug trafficking offenders from statutory mandatory minimum penalties. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. 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 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. Webthese crimes, New Jersey would take a significant step towards addressing the lack of proportionality in the States sentencing laws and help undo a system of mass incarceration 8 2019 Commission Report, at 1-2. [46] Criminalizing drugs is not an effective public safety policy. [43], At the time of the Human Rights Watch/ACLU report in 2016, all US states and the federal government criminalized possession of certain categories of drugs for personal use. [23] Human Rights Watch, Decades of Disparity: Drug Arrests and Race in the United States (New York: Human Rights Watch, 2009), https://www.hrw.org/report/2009/03/02/decades-disparity/drug-arrests-and-race-united-states, pp. 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. Sentencing Commissions Voluntary Sentencing Guidelines, which often call for extremely harsh periods of incarceration. 1-2. 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. Gov. The Senate Judiciary Committee approved S. 2123 in a 15-5 vote on October 22, after rejecting several amendments. (32)(A)). USSC Report, p. 1. 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. [20] There has been a national effort to take on parts of the problemaddressing police abuse, long sentences, and reclassification of certain drugs. 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. [36] Human Rights Watch, Every 25 Seconds, p. 2. 5 . Congress has an opportunity to make transformative changes to drug policies that finally provide an equitable, compassionate, and sound solution to addressing the numerous concerns laid out in this testimony. In this section, you can follow the Commissions work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted. by Lisa Backus July 1, 2021, 12:00 pm. Gives judges increased freedom to issue sentences below the mandatory minimum on more crimes. [31] It is actually more than just the burden of drug arrests. [19] The American criminal justice system holds almost 2.3 million people in 1,833 state prisons, 110 federal prisons, 1,772 juvenile correctional facilities, 3,134 local jails, 218 immigration detention facilities, and 80 Indian Country jails as well as in military prisons, civil commitment centers, state psychiatric hospitals, and prisons in U.S. territories. Prison Policy Initiative, Mass Incarceration: The Whole Pie 2020, March 24, 2020, https://www.prisonpolicy.org/reports/pie2020.html (accessed March 9, 2021), p. 1. About ten percent (10.2%) of these offenders (n=448) had no criminal history points other than those assigned for prior marijuana possession sentences. The House just passed Sen. Cory Bookers EQUAL Act by a bipartisan vote, with the Biden administrations endorsement. 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 Assistant U.S. Attorney Matthew J. McCrobie is prosecuting the case. The legislation, which aims to end a longstanding Share this via Reddit Being charged with a federal drug crime could mean a serious punishment if the accused is found guilty. (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the WebUSSC Guidelines. The current mandatory minimum sentences were enacted in a 1986 drug bill. 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. See 21 U. S. C. 812; 21 CFR 1308.12 (2006). 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. 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. At the same time, in the wake of the COVID-19 pandemic, the debate about what constitutes extraordinary and compelling reasons for compassionate release took center stage across the nation with differing results. Elmira Man Pleads Guilty to Federal Drug Crime. When the guidelines are amended, a subsequent, In this section, you will find the Commissions comprehensive archive of yearly amendments and. [27] Drug Policy Alliance, 2020 Annual Report, February 17, 2021, https://drugpolicy.org/resource/drug-policy-alliance-annual-report (accessed March 9, 2021), p. 11. For more on how the sentencing guidelines work in a particular case, read some of our earlier discussions of the USSG with examples of how the Sentencing Tables are used: The newly published USSC Report is the latest in a series of research reports compiled by the USSC. It builds upon an earlier report entitled Simple Possession Of Drugs in the Federal Criminal Justice System, published by the Commission on September 21, 2016. While USSC research reports are not the stuff of formal amendments to the USSG themselves, they are still very important. 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 Second Look Act would allow any individual who has served at least 10 years in federal prison to petition a court to take a second look at their sentence before a judge and determine whether they are eligible for a sentence reduction or release. [24], Data analyzed by Human Rights Watch shows that, over the course of their lives, white people are more likely than Black people to use illicit drugs in general, as well as marijuana, cocaine, heroin, methamphetamines, and prescription drugs (for non-medical purposes) specifically. It was an abject failure of a policy that violated human rights at its onset. Nonetheless, other states across the country criminalize drug possession and enforce those laws with high numbers of arrestsas of 2019, more than 86 percent of drug arrests were for simple possession. In addition to the vast numbers of people arrested for simple drug possession, many other people end up behind bars and serving extremely harsh sentences, often for low-level drug sales, crimes generally committed to support drug use or to alleviate poverty. [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). 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. 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. 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. 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. The USSC HelpLine assists practitioners in applying the guidelines. This is because federal offenses fall under the purview of the U.S. Current guidelines require that judges impose on such a defendant a sentence under "Level 32" guidelines, requiring a 121 to 151 month incarceration. Webschedule II drug. [45] Ibid., p. 12; Susan Stellin, Is the War on Drugs Over? At sentencing, scheduled for June 21, 2023, Walker faces at least 10 years and up to life in federal prison, a maximum fine of $10,000,000, and a term of post-imprisonment supervised release of at least 5 years and up to life. [22] What is needed, particularly in this historic moment where we have come face to face with issues of racial and economic disparities, is a comprehensive approach to ending the failed policies of the war on drugs and addressing the economic, social, and health needs of communities, disproportionately impacted by them, largely Black and brown. Connecticut Supreme Court building in Hartford. The ABA urges House and Senate members to cosponsor or support H.R. 3553(a). Help us continue to fight human rights abuses. 3713), to reduce the length of mandatory minimums for nonviolent drug offenders, modify the federal safety valve to provide sentencing judges with discretion to sentence below mandatory minimum floors in qualified cases, and give retroactive effect to the 2010 Fair Sentencing Act. [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). WebFEDERAL TRAFFICKING PENALTIES DRUG/SCHEDULE QUANTITY. In this section, you will find a comprehensive collection of research and data reports published on sentencing issues and other areas of federal crime. Essentially, the USSG consider two components to establish the sentencing guideline range: (1) the criminal history of the individual who has been charged and (2) the seriousness of the offense(s) itself. Read An Overview of the Federal Sentencing Guidelines published by the USSC. Avoid delay in passing legislation making the sentencing reforms enacted in the First Step Act of 2018 retroactive. Please enable JavaScript to use this feature. 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. The Mandatory Minimum Reform Act of 2020 would eliminate mandatory minimum sentences for drug offenses. 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. hbbd```b``"H\vD2KlY0 f"X,lBXXL.` D} RlZg b"m~.F6QPl`H7i!3` 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. Defendant stole over $400,000 from her elderly uncle. [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. Michael Lowe. 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. [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. Posted on February 27, 2023 by Critical to criminal defense advocacy is the recognition in the USSC Report that many federal defendants faced enhancements under the USSG because of past convictions on marijuana crimes in state court. This is true even if that state has changed its marijuana laws or even made marijuana possession legal since the person was convicted on the state marijuana charge. 2018 Guidelines Manual Annotated | United States Sentencing Commi Sentencing Commission shows judges rejected more than 80% of compassionate release requests filed from October 2019 through September 2022. The criminal provisions of the comprehensive Drug Abuse and Control Act did not just change existing law. New York Penal Law Sections 221.05 - 221.30 (possession of marijuana) Penalties and Sentences. WebThe FSA modifies mandatory minimum sentences for some drug traffickers with prior drug convictions by increasing the threshold for prior convictions that count toward triggering higher mandatory minimums for repeat offenders, reducing the 20-year mandatory minimum (applicable where the offender has one prior qualifying conviction) to a 15-year (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. The impact of a drug conviction can, and often does, impact multiple facets of an individuals life beyond the experience of incarceration. SYRACUSE, NEW YORK Kevin Walker, 32, of Elmira, New York, pled guilty today to possession with intent to distribute a controlled substance. 1698 0 obj <>/Filter/FlateDecode/ID[<6250C5209F8E424C81546E61397A5135><10E6829CBB4E4A459A637594FDD47748>]/Index[1670 106]/Info 1669 0 R/Length 134/Prev 239075/Root 1671 0 R/Size 1776/Type/XRef/W[1 3 1]>>stream First Offense: Not more that 20 yrs. Sentencing Guidelines, and other factors. The career-offender Guidelines con-trolled because they recommended a higher sentence than [26] United States Centers for Disease Control and Prevention, National Center for Health Statistics, Use of selected substances in the past month among persons aged 12 years and over, by age, sex, and race and Hispanic origin: United States, selected years 20022018, https://www.cdc.gov/nchs/data/hus/2019/020-508.pdf (accessed March 8, 2021). Human Rights Watch is not aware of any empirical evidence that low-level drug possession defendants would otherwise go on to commit violent crimes. The Strategy focuses on two critical drivers of the epidemic: untreated addiction and drug trafficking. [44] Last year, Oregon took an important step, with a majority of voters approving a ballot initiative that shifts the state away from criminalization and toward a health-centered approach to drug use, investing in voluntary treatment, services, and support for people who are struggling with problematic drug use. If death or serious injury, not less than 20 or more than life. The legislation also includes provisions to ban solitary confinement for juveniles, allows juveniles sentenced to life to seek a reduction in sentences after 20 years, and provides authority for expungement of juvenile records for most non-violent offenses. 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. Justices To Clarify Sentencing Provision In First Step Act. [66] The Justice Roundtable, Transformative Justice: Recommendations for the New Administration and 117th Congress, November 2020, https://justiceroundtable.org/wp-content/uploads/2020/11/Transformative- Justice.pdf (accessed March 9, 2021), p. 44. 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. Human Rights Watch is a 501(C)(3)nonprofit registered in the US under EIN: 13-2875808. The package also seeks to curb recidivism by helping prisoners successfully reenter society. endstream endobj startxref hb``a``^3Ab@q9 LxS @M n@$L7iI g`c}Pi\/f2maNbf>_T%<2fuh=aMl?2X4G6LA. Public Access to Commission Data and Documents, The Commission promulgates guidelines that judges consult when sentencing federal offenders. 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 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 intends to issue amendments to section 5C1.2 to recognize the revised statutory criteria and consider changes to the 2-level reduction in the drug trafficking guideline currently tied to the statutory safety valve. 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. Drug Conversion Calculator. Federal sentencing guidelines take into account not only the amount of marijuana but also past convictions. Sentencing Commission. Nearly half of all federal prisoners are serving sentences for nonviolent drug crimes. 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Marijuana But also past convictions sentencing Commission is an independent agency in the First Act... 812 ; 21 CFR 1308.12 ( 2006 ) aware of any empirical evidence that low-level drug possession would! Act by a bipartisan vote, with assistance from the Elmira Police Department ensure that criminal permit! An activity that does not directly harm others full civic participation stuff formal. Formal amendments to the USSG themselves, they are still very important recidivism by helping prisoners reenter! Also seeks to curb recidivism by helping prisoners successfully reenter society, 12:00 pm extremely... Sentencing reforms enacted in a 1986 drug bill urges House and Senate members to or... The package also seeks to curb recidivism by helping prisoners successfully reenter society is an independent agency the. [ 31 ] It is time to rethink the criminalization paradigm only the amount of marijuana Penalties! [ 5 ] human Rights Watch is not aware of any empirical evidence that low-level drug possession would... Low-Level drug possession defendants would otherwise go on to commit violent crimes otherwise on! Times, and often does, impact multiple facets of an individuals life beyond the experience of.. Also be well-versed in the innerworkings of the most important factors controlling under! Allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial created... Commission Data and Documents, the criminal provisions of the epidemic: untreated addiction and trafficking... Allow prosecutors to strong-arm guilty pleas and severely punish anyone who chooses to go to trial on more crimes that... 51 ], It is actually more than life and Latino persons and communities and DEA investigated the,. Will also be well-versed in the First Step Act human Rights Watch is aware. 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