SMART Cocaine Sentencing Act Start Making Adjustments and Require Transparency in Cocaine Sentencing Act
Impact
The intent of SB522 is to address the disparities in sentencing that have historically affected those convicted of cocaine-related offenses, particularly focusing on the differences in penalties for powder cocaine versus crack cocaine. By modifying the limits at which particular penalties are activated, the bill seeks to reduce the severity of sentences and ensure that they are more commensurate with the actual dangers posed by different forms of cocaine. The bill also mandates a report from the U.S. Sentencing Commission to provide comprehensive data on cocaine offenses, usage trends, and the impact of polysubstance use, particularly with synthetic drugs like fentanyl. This report is expected to guide future policy adjustments and provide transparency in sentencing practices.
Summary
Senate Bill 522, also known as the SMART Cocaine Sentencing Act, aims to adjust the penalties associated with cocaine-related offenses under the Controlled Substances Act. Specifically, the bill proposes reduced quantities for various cocaine offenses, making significant adjustments to the thresholds that trigger mandatory minimum sentences. For example, the bill lowers the amount of powder cocaine and cocaine base required to impose certain penalties, reflecting an attempt to update federal drug laws to align more closely with public health considerations and current drug use patterns.
Contention
A notable point of contention surrounding SB522 involves the implications of these changes on current sentencing practices and the potential for re-sentencing individuals already incarcerated under the previous laws. While supporters argue that the revisions will promote fairness and reflect a more modern understanding of drug use and its consequences, opponents may express concerns regarding the long-term impacts of such policy shifts on drug addiction rates and public safety. The reliance on a report to inform ongoing legislative efforts also raises questions about the sufficiency of current knowledge on the intersection of drug use and crime.
Next-steps
If enacted, SB522 would represent a significant shift in federal drug policy, particularly for cocaine offenses. The bill's provisions would not only affect future sentencing outcomes but could also lead to reviews of past convictions, allowing for re-evaluation of sentences based on the newly established standards. The outcome of these discussions and the subsequent reports from the U.S. Sentencing Commission will be crucial in shaping the future landscape of drug sentencing in the United States.
Terry Technical Correction Act This bill broadens the scope of crack cocaine offenders who are eligible for a retroactive sentencing reduction under the First Step Act of 2018. The First Step Act made the Fair Sentencing Act of 2010 retroactive and authorized sentencing reductions for certain crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective. Under current law, crack cocaine offenders whose conduct triggered a mandatory minimum sentence are eligible for a retroactive sentencing reduction under the First Step Act. However, in 2021, the Supreme Court held in Terry v. United States that low-level crack cocaine offenders whose conduct did not trigger a mandatory minimum sentence are not eligible for a retroactive sentencing reduction under the First Step Act. This bill extends eligibility for a retroactive sentencing reduction under the First Step Act to all crack cocaine offenders convicted and sentenced before the Fair Sentencing Act became effective, including low-level offenders whose conduct did not trigger a mandatory minimum sentence.