Federal sentencing bills that FAMM is following are below. Here is where the bills stand now.

Immigration

Sessions introduces immigration bill with new mandatory minimums

On March 5, Senator Jeff Sessions (R-Ala.) introduced S. 2709, the Border Crossing Deterrence Act of 2008. Senators Coburn (R-Okla.), Dole (R-N.C.), Inhofe (R-Okla.), DeMint (R-S.C.), Domenici (R-N.M.) and Vitter (R-La.) have added their support as cosponsors of the bill.  The bill includes 11 new mandatory minimums, including a five year mandatory for destruction of border barriers or infrastructure.

S. 2709 still has a long way to go before it becomes law. FAMM anticipates that Senator Sessions will consider introducing this bill as an amendment to other legislation in upcoming months. FAMM will reach out to Senator Sessions and to members of the Senate who oppose Senator Session’s bill.  

To read the bill, please follow this link: S. 2709

To read FAMM”s analysis of the bill, follow this link: S. 2709 analysis (Word document)

Reentry

Frequently asked questions about the Second Chance Act

FAMM is receiving many calls and emails with questions about the Second Chance Act, what it does and to whom it applies.  Click here to download FAMM's answers to frequently asked questions about the Second Chance Act.  The file is in Adobe pdf format.

Second Chance Act passes Congress!

On Tuesday, March 11, the U.S. Senate passed The Second Chance Act, legislation designed to aid former prisoners coping with the challenges of reentry.  The Second Chance Act authorizes federal funding to states, local governments and nonprofit prisoner reentry organizations to help former prisoners obtain job training, literacy training, substance abuse treatment, counseling, housing and mentoring services. Families Against Mandatory Minimums (FAMM) and other advocacy, civil rights and religious organizations supported the passage of the Second Chance Act, which now awaits the signature of President Bush before it can become law.  Read more

Crack cocaine sentencing reform

FAMM's testimony to the Senate Judiciary subcommittee on drugs and crime hearing on crack cocaine sentencing, February 12.  Click here to read testimony

Read FAMM's comparative analysis of the Senate cocaine reform bills

Read FAMM's comparative analysis of the House cocaine bills

S. 1711, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
Sponsored by Sen. Joseph R. Biden, Jr. (D-Del.), S. 1711 would eliminate sentencing differences between crack and powder cocaine in favor of a single mandatory minimum at the current powder cocaine levels and eliminate the five-year mandatory minimum for simple possession of crack cocaine.  The bill would also authorize drug treatment and enforcement funds and increase fines for kingpins.  S. 1711 directs the U.S. Sentencing Commission to review the sentencing guidelines and if appropriate, amend them to account for culpability and role in the offense. The bill has four cosponsors.

Read FAMM's analysis of S. 1711
 
S. 1685, the Fairness in Drug Sentencing Act of 2007
Introduced by Sen. Orrin Hatch (R-Utah), S. 1685 would reduce the difference between crack and powder sentencing by increasing the amount of crack cocaine needed to trigger the five-year mandatory minimum sentences from five to 25 grams and the 10-year mandatory minimum from 50 to 250 grams. It would also eliminate the five-year mandatory minimum for simple possession. The bill would not eliminate the cocaine sentencing disparity but reduce it from 100:1 to 20:1. The bill also directs the Sentencing Commission to review the sentencing guidelines and amend them if appropriate to account for specified aggravating and mitigating characteristics.  There are three cosponsors.

Read FAMM's analysis of S. 1685
 
S. 1383, the Drug Sentencing Reform Act of 2007
Sponsored by Sen. Jeff Sessions (R-Ala.), S. 1383 would adjust the disparity between crack and powder sentencing by raising the amounts of crack cocaine that trigger the five- and 10-year mandatory minimum sentences (from five to 20 grams and from 50 to 200 grams respectively) while also lowering the triggering quantities for powder cocaine (from 500 grams to 400 grams for the five-year mandatory minimum sentence and from five  kilograms to four kilograms for the ten-year mandatory minimum). It would also lower the simple possession mandatory minimums. S. 1383 directs the Sentencing Commission to amend the guidelines by adding enhancements for a variety of aggravating factors. The bill would cap sentences at level 32 (roughly 10 years) for defendants who played a minimal role in the offense and creates a pilot program to test releasing certain nonviolent elderly prisoners. There are three cosponsors.
 
H.R. 79, the Powder-Crack Cocaine Penalty Equalization Act of 2007
Introduced by Rep. Roscoe Bartlett (R-Md.), H.R. 79 would equalize the crack and powder cocaine sentences at by lowering the triggering quantities to those for crack cocaine.   The bill has no cosponsors and – though it has been referred to the Judiciary Committee’s crime subcommittee – no chance of advancement in the committee.
 
H.R. 460, the Crack Cocaine Equitable Sentencing Act of 2007
Introduced by Rep. Charles Rangel (D-N.Y.), H.R. 460 would also equalize the crack and powder penalties, but at the powder level.  The bill has 20 cosponsors and has been referred to the House Judiciary Committee’s crime subcommittee.

H.R. 4545, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
Introduced on December 13 by Rep. Sheila Jackson Lee (D-Texas), H.R. 4545 is the House companion to S. 1711. The bill would eliminate sentencing differences between crack and powder cocaine in favor of a single mandatory minimum at the current powder cocaine levels and eliminate the five-year mandatory minimum for simple possession of crack cocaine.  The bill would also authorize drug treatment and enforcement funds and increase fines for kingpins.  H.R. 4545 directs the U.S. Sentencing Commission to review the sentencing guidelines and if appropriate, amend them to account for culpability and role in the offense. The bill has 23 cosponsors.

H.R. 5035, the Fairness in Cocaine Sentencing Act of 2008

Eliminates mandatory minimums for cocaine offenses

 On January 17, Rep. Robert “Bobby” C. Scott (D-Va.) together with 18 cosponsors, introduced H.R. 5035, The Fairness in Cocaine Sentencing Act of 2008. The bill would eliminate the distinction between powder cocaine and cocaine base (crack); eliminate all mandatory cocaine sentences; establishes pretrial diversion and post conviction drug courts at the Federal level for people charged with illegal use of controlled substances; and increases federal funding for state drug court programs. The bill would establish the possibility of probationary sentences for cocaine offenders.

The bill is the first bill introduced in the House in the 110th Congress that would eliminate mandatory minimums for crack and powder cocaine sentences.

 
Reentry and sentencing reform legislation

Second Chance Act passes Congress!

On Tuesday, March 11, the U.S. Senate passed The Second Chance Act, legislation designed to aid former prisoners coping with the challenges of reentry.  The Second Chance Act authorizes $362 million to states, local governments and nonprofit prisoner reentry organizations to help former prisoners obtain job training, literacy training, substance abuse treatment, counseling, housing and mentoring services. Families Against Mandatory Minimums (FAMM) and other advocacy, civil rights and religious organizations supported the passage of the Second Chance Act, which now awaits the signature of President Bush before it can become law.   Read more

H.R. 1593 and S. 1060, the Second Chance Act

On November 14, 2007 the House passed a bill 347 to 62 that has a potential to offer individuals in federal prison a second chance. H.R. 1593, the Second Chance Act, is bipartisan legislation introduced by Rep. Danny Davis (D-Ill.), along with Reps. Chris Cannon (R-Utah), John Conyers (D-Mich.) and Lamar Smith (R-Texas), which would provide safe and successful return of prisoners to the community.

The House-passed bill authorizes $342 million for transitional assistance to aid former prisoners coping with the challenges of reentry. The bill as passed so severely limits the elderly release provision, a limited pilot program for the early release of nonviolent, elderly prisoners, that few if any would benefit from the program. 

The Senate must now pass S. 1060, the Senate companion bill to the House version of the Second Chance Act.  S. 1060, Recidivism Reduction and Second Chance Act of 2007, introduced by Sen. Joseph Biden, Jr. (D-Del.), has 34 bipartisan cosponsors. It was marked up by the Senate Judiciary Committee in early August and reported to the full Senate just before the August recess. FAMM is hopeful that the Senate will address changes made to the elderly release provision and restore the intended purpose of the pilot program.

H.R. 261 The Federal Prison Bureau Nonviolent Offender Relief Act of 2007
Introduced by Rep. Sheila Jackson Lee (D-Texas) on January 5 2007, H.R. 261 would direct the Bureau of Prisons to release individuals from prison who have served fifty percent or more of his or her term of imprisonment if that prisoner (1) is 45 years of age or older; (2) has never been convicted of a crime of violence; and (3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.  The bill is intended to reduce overcrowding in federal and give those nonviolent offenders who are over the age of 45 a second chance. The bill was referred to the Subcommittee on Crime, Terrorism, and Homeland Security and was the subject of a hearing on December 6, 2007. There is no companion bill in the Senate and the bill is not scheduled for consideration by the House Judiciary Committee.

Gang legislation

S.456, the Gang Abatement and Prevention Act of 2007
S.456, the Gang Abatement and Prevention Act of 2007, sponsored by Sen. Dianne Feinstein (D-Calif.) with 44 cosponsors, would increase law enforcement resources committed to the investigation and prosecution of gangs and enhance certain sentences for violent crimes. While the bill lacks the mandatory minimums, death penalties and juvenile transfer provisions that characterized Sen. Feinstein’s earlier gang bills, it increases maximum sentences and expands federal prosecutions to cover areas typically handled by state and local authorities. The bill passed the Senate on September 21, 2007.

H.R. 1582, the Gang Abatement and Prevention Act of 2007
Rep. Schiff (D-Calif.) introduced H.R. 1582, the Gang Abatement and Prevention Act of 2007, on March 20, 2007. Like its counterpart in the Senate (S. 456) the bill would increase law enforcement resources committed to the investigation and prosecution of gangs and enhance certain sentences for violent crimes. While the bill lacks the mandatory minimums, death penalties and juvenile transfer provisions, it expands the definition of who belongs to a gang, increases maximum sentences and expands federal prosecutions to cover areas typically handled by state and local authorities. The bill has 17 cosponsors. It has been referred to the Subcommittee on Crime, Terrorism,and Homeland Security.

H.R. 3846: The Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act (Youth PROMISE Act)
Under the Youth PROMISE Act, communities facing the greatest youth gang and crime challenges will come together to develop a comprehensive plan for implementing evidence-based prevention and intervention strategies. These PROMISE Councils will include representatives from law enforcement, court services, schools, social service, health and mental health providers, and community-based organizations, including faith-based organizations, and the strategies articulated in the PROMISE Plan will be targeted at young people who are at-risk of becoming involved, or involved in, gangs or the criminal justice system to redirect them toward productive and law-abiding alternatives. The bill has 58 cosponsors and was the topic of a hearing on October 2, 2007. For more information about this legislation, please see Representative Scott’s website report on the Youth Promise Act.

How a bill becomes a law

Remember that bills do not become law until they pass both the House of Representatives and the Senate and are signed by the President.  If the House and the Senate pass different versions of the same overall legislation, then typically a special conference committee composed of representatives of both chambers meets to try to settle the differences. If they reach agreement, the compromise is sent back to the floors of the House and Senate for a final vote. If both bodies approve it, the compromise is sent to the President.

The bill has to travel through Congress and be signed by the President during the congressional term in which they are introduced. Each congressional term is two years. If the bill does not pass both the House and Senate before the end of Congress, the bill does not become law. (For a reminder on how a bill becomes a law, take a walk down memory lane on the Office of the Clerk of the House of Representatives' website that explains how a bill becomes a law.)
 
 

2006
Summary of legislation from the 109th Congress