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July 30, 2015

Will Senator Grassley's (still-developing) sentencing reform bill make it to the President's desk in 2015?

The question in the title of this post is prompted by this new National Journal article providing the latest news on the on-going Senate discussions of a new sentencing reform bill spearheaded by Senate Judiciary Chair Charles Grassley.  The piece is (misleadingly?) headlined "Chuck Grassley's Closer Than Ever to Giving in on Mandatory-Minimum Reform," and here are excerpts:

Grassley could be just days away from unveiling a major bipartisan justice-reform package that would seek to reduce recidivism and give inmates the chance to reduce their sentences with good behavior. The bill also will offer changes to the way judges dole out mandatory minimums.

Grassley has moved on the issue of mandatory minimums.  While a bipartisan group of senators is still working on the final bill, it's clear that the Republican from Iowa has come a long way.  "The points of negotiation are the ones you would expect, about in what areas mandatory minimums should be adjusted and to where they should be adjusted," says Democratic Sen. Sheldon Whitehouse, a key negotiator for justice reform in the Senate.

Unlike four months ago, today it is understood that any justice-reform package will include provisions that give judges more flexibility on sentencing.  Behind the scenes, Grassley has fought to ensure that the provisions in the bill are not just rehashes of the Smarter Sentencing Act he was opposed to, but changes in mandatory minimums are coming. "It's not as far as I would like, but we are getting somewhere," Sen. Patrick Leahy, a sponsor of the Smarter Sentencing Act, told National Journal.

On mandatory minimums, Grassley insisted earlier this year that senators negotiate from scratch.  "It was a long process, and he came in insisting on a different approach and we said, 'All right, let's take your approach and see how close we can come to our goal.' And he has worked in good faith with us and we're close," says Minority Whip Dick Durbin.

At this point, senators on both sides of the aisle report negotiations are closer than they have ever been. Senators have agreed that high-risk offenders, who are considered dangerous either because they deployed a weapon in a crime or have a history of violence, won't be eligible for the so-called safety valve.  A narrow subset of nonviolent drug offenders will be.

"What we are trying to do is to make sure that those who are guilty of drug offenses do not have other aggravating factors such as using a gun, violence, or gang activity.  We are working through the language very carefully on that," Durbin said. "How do we get the gang leaders and the brains of the gang separated from the rank and file?"

Many of the so-called back-end reforms that focus on giving prisoners a better chance of success after incarceration are borrowed from Republican Sen. John Cornyn and Sen. Whitehouse's Corrections Act....  The proposals in the Corrections Act focus on giving inmates the opportunity to get jobs and exhibit a propensity for success.  Some low-level offenders can even work their way up to qualifying to serve the final weeks and months of their sentence supervised in the community.

Even once the new bill is introduced, however, there will still be changes made to it.  And any legislation that makes it to the floor of the U.S. Senate will likely undergo a vigorous amendment process.

Other senators who have worked on criminal-justice reform before already see the upcoming legislation as an opportunity to advance their own causes.  Sen. Tim Scott, a Republican from South Carolina, has introduced a bill to grant local law enforcement agencies $500,000,000 for body cameras over a five-year period. Scott says that arming agencies with cameras will help stem tensions between police and the communities they patrol.  The floor may be another place for senators to add more stringent reductions in mandatory minimums.

Though Senator Grassley has been promising that "his" bill will be ready for prime time before the Senate takes its August recess, I remain fearful that the press of other legislative activities (as well as enduring opposition from the tough-and-tougher crowd) may prevent any significant federal sentencing reform from getting done before the end of the year.  I hope my pessimism in this area is proven wrong; but given that we have already had more than two years of "momentum" and bipartisan talk of federal sentencing reform while no bill has even made it out of one congressional chamber, I am not going to count any sentencing reform chickens until they are doing the chicken dance on a desk in the Oval Office.

July 30, 2015 at 10:05 AM | Permalink

Comments

It sounds to me that it is a rehash of what we currently have, sen Grassley please retire you are way iver the hill.

You cannit sut un an Iviry Tiwer and nit have any gands on experience and come with a bill that wacks away at the mandatories.

Its smoke and mirrirs and hus bill will be chicken shit type with no meat on the bone.

Posted by: MidWestGuy | Jul 30, 2015 6:11:06 PM

Is it possible to have more typos with my orevious post. Ouch.

Posted by: MidWestGuy | Jul 30, 2015 6:12:52 PM

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