Congress introduces new sentencing bill amid skyrocketing prison population, costs

April 11, 2013

The U.S. justice system, particularly the country's sentencing structure for certain crimes, is far from perfect. In some instances, those convicted of murderer receive shorter prison sentences than those convicted of so-called victimless crimes such as marijuana drug possession. This is because laws for certain crimes have been passed that mandate an automatic minimum sentence regardless of the particular situation.

In recent years, particularly in the wake of recreational marijuana legalization in various states, the public has questioned the feasibility of these mandatory sentencing laws. And, as a result, Congress has taken notice and action.

Paul-Leahy sentencing bill

A bipartisan bill, known as the Justice Safety Valve Act of 2013 and also referred to as the Paul-Leahy sentencing bill, was recently introduced by Senators Rand Paul (R-Key) and Patrick Leahy (D-TV). The bill aims to allow federal judges to use their discretion in certain circumstances when sentencing individuals for federal crimes that previously mandated a minimum sentence.

For instance, the bill allows judges the discretion to sentence a defendant for 7 or 8 years for drug possession instead of the fixed 10 year mandated requirement if, for instance, certain factors are met or the judge determines that the offender had a limited role in the particular crime.

However, the bill stipulates that judges can only deviate from the mandatory minimum sentence on the condition that a shorter sentence does not jeopardize the safety of the public at large.

Reasons behind the initiative

Some praise Congress for finally taking action to change this fixed sentencing structure for victimless crimes and implement prison sentences that fit the actual crimes. But, they question that the initiative is only being done as a result of financial and budget roadblocks, not for judicial fairness reasons.

The U.S. prison population is the highest in the world and the federal prison budget has skyrocketed. The Congressional Research Service, known as CRS, indicate that the number of federal inmates is eight times today what is was in 1980. And, the prison budget is double what it was in 2000. Today, appropriations that go to the Bureau of Prisons is a whopping $6.5 billion.

The Obama administration warned that the prison budget has simply increased to the point where it's out of control. And, in order to allocate more funds to house more and more prisoners, other helpful crime initiatives have been cut.

According to the Department of Justice, the federal prison budget has become "unsustainable" and this country simply can no longer afford to house nonviolent offenders for long lengths of time.

And, in the wake of the sequester, Congress is finally taking action. Legislatives hope the new bill will reduce the number of inmates that are incarcerated and in turn reduce the cost to house them.

Despite this reasoning, however, advocates for fair justice are just happy that Congress is taking action and restoring "common sense to our criminal sentencing laws."

Article provided by Greg S. Law, PLLC
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