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Smarter Sentencing Act information


The Smarter Sentencing Act (S. 1013) is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence.[1]

Under the language of the version in the Senate Judiciary Committee, it authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed.

Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances.

Directs the commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including:

  1. its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity,
  2. fiscal implications of changes,
  3. relevant public safety concerns,
  4. the intent of Congress that penalties for violent and serious drug traffickers who present public safety risks remain appropriately severe, and
  5. the need to reduce and prevent racial disparities in sentencing.

Requires the Attorney General to report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding, increase investment in law enforcement and crime prevention, and reduce recidivism.

  1. ^ "Bill Summary: Smarter Sentencing Act of 2021" (PDF). Families Against Mandatory Minimums. Retrieved 2022-11-28.

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