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From time to time my office distributes press releases and written statements on state and national issues, debate in the Senate, and legislation that I am working on. For your convenience, I post these documents on my site for your review.
Sens. Sessions, Pryor, Cornyn and Salazar Introduce Legislation to Promote Fairness in U.S. Sentencing Guidelines
Monday, May 14, 2007
WASHINGTON – The disparity in federal sentencing guidelines for crack and powder cocaine offenses would be reduced from 100-to-1 to 20-to-1 under legislation introduced in the Senate this week by U.S. Sens. Jeff Sessions (R-AL), Mark Pryor (D-AR), John Cornyn (R-TX) and Ken Salazar (D-CO).
The legislation comes after the U.S. Sentencing Commission last month submitted to Congress recommended guideline changes to federal crack cocaine penalties. The Commission recommended that the Federal Sentencing Guidelines be changed to allow for a lesser sentence for offenses involving crack cocaine.
The bill, the Drug Sentencing Reform Act of 2007, would reduce the disparity for triggering the mandatory minimum sentences for crack and powder cocaine from 100-to-1 to 20-to-1 by reducing the penalty for crack cocaine and increasing the penalty for powder cocaine. The underlying goal of the bill is fairness – treating similar drugs more equally when it comes to sentencing.
The measure also would shift some of the emphasis in sentencing from drug quantity to the type of criminal conduct by increasing penalties for the worst drug offenders who use violence and employ children as couriers. It would decrease penalties on those who play only a minimal role in a drug trafficking offense, such as a girlfriend or child of a drug dealer who receives little or no compensation.
In 1984, Congress abolished the parole system and established the Sentencing Guidelines to provide more uniform and certain sentencing. In 1986, lawmakers set statutory mandatory minimum sentences for various illegal drugs, including a 5-year mandatory minimum sentence for trafficking 500 grams of powder cocaine or 5 grams of crack and a 10-year mandatory minimum for trafficking 5,000 grams of powder or 50 grams of crack.
The 100-to-1 ratio of crack to powder was enacted largely to prevent the spread of crack cocaine across America, especially into minority neighborhoods. Despite that goal, crack cocaine has spread across the country and into minority neighborhoods.
A recent U.S. Sentencing Commission report said that 83 percent of offenders sentenced for crack violations were African Americans. And a Bureau of Prisons study revealed that weapons use and violence are more accurate indicators of recidivism than drug use.
Sessions, Pryor, Cornyn and Salazar introduced similar legislation last year. All four senators are former state attorney generals.
Sessions said: “This bill would bring balanced improvements to the current sentencing system to ensure a more just outcome. The 100-to-1 disparity in sentencing between crack cocaine and powder cocaine is not justifiable. My experience with the guidelines as U.S. Attorney has convinced me that these changes will make the criminal justice system more effective and fair.”
Pryor said: “Cocaine poses a significant threat because it is readily available, highly addictive and directly associated with violent crime in both rural and urban communities. We need to send a strong message to those who buy and sell this drug, and that includes fixing the disparities that exist in our sentencing guidelines and keeping the most dangerous offenders off the streets."
Cornyn said: “This bill will make sure our law enforcement resources are directed where they’re needed most. It updates the law, making it fairer, by reforming the sentencing disparity that has developed over the years. We have made great strides in the war on drugs in recent years, but Congress must remain vigilant in addressing current drug problems, such as the stark increase in use of powder cocaine.”
Salazar said: “As a former Attorney General I understand the need to ensure that the punishment for selling drugs, and in this case crack and cocaine, is severe but just,” said Senator Salazar. “The Drug Sentencing Reform Act takes vital steps to reduce the disparity between crack and cocaine offense and in the end helps ensure the punishment fits the crime.”
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