Mandatory Minimum Reform Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7194 To eliminate mandatory minimum sentences for all drug offenses. IN THE HOUSE OF REPRESENTATIVES JUNE 11, 2020 Ms. WATERS (for herself, Ms. SCHAKOWSKY, Ms. LEE of California, Ms. NOR- TON, Mr. POCAN, and Mr. KHANNA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate mandatory minimum sentences for all drug offenses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Mandatory Minimum 4 Reform Act of 2020’’. 5 SEC. 2. FINDINGS. 6 Congress makes the following findings: 7 (1) Mandatory minimum sentences are statu- 8 torily prescribed terms of imprisonment that auto- 9 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 2 •HR 7194 IH matically attach upon conviction of certain criminal 1 conduct, often pertaining to drug offenses. Absent 2 very narrow criteria for relief, a sentencing judge is 3 powerless to mandate a term of imprisonment below 4 the mandatory minimum. Mandatory minimum sen- 5 tences for drug offenses rely solely upon the weight 6 of the substance as a proxy for the defendant’s role 7 and degree of involvement. 8 (2) In the Anti-Drug Abuse Act of 1986, and 9 at the height of the public concern over crack co- 10 caine, Congress acted hastily, without sufficient 11 hearings, and enacted hard line penalties that tar- 12 geted low-level drug offenders. These penalties in- 13 cluded new, long mandatory minimum sentences for 14 such offenders. 15 (3) According to the Bureau of Prisons, in 16 1986, when the new drug law containing lengthy 17 mandatory minimum sentences passed, the prison 18 population was 36,000. Today, the Federal prison 19 population is over 177,000 up over 390 percent in 20 33 years. 21 (4) According to the Bureau of Prisons, the av- 22 erage cost to keep one prisoner in Federal prison for 23 the fiscal year of 2017 was $36,299.25, which 24 equates to $99.45 per day. 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 3 •HR 7194 IH (5) Annual spending on the Federal prison sys- 1 tem rose by over 600 percent, from roughly 2 $966,000,000 to more than $6.9 billion in inflation- 3 adjusted dollars, between 1980 and 2015. 4 (6) According to the U.S. Sentencing Commis- 5 sion, 69,425 offenders were sentenced in fiscal year 6 2018. Of those, 18,964 offenders were sentenced for 7 a drug trafficking offense; with over half (58.4 per- 8 cent) of all drug trafficking offenders convicted of 9 an offense carrying a mandatory minimum penalty. 10 (7) According to the U.S. Sentencing Commis- 11 sion, drug offenders released from prison in 1986 12 who had been sentenced before the adoption of man- 13 datory sentences and sentencing guidelines had 14 served an average of 22 months in prison. In fiscal 15 year 2018, the average sentence for drug trafficking 16 offenders subject to a mandatory minimum penalty 17 was more than 10 years (131 months; 62 months 18 with relief). 19 (8) In fiscal year 2016, many of those offenders 20 convicted of an offense carrying a mandatory min- 21 imum sentence were nonviolent or low-level offend- 22 ers. According to the U.S. Sentencing Commission, 23 only 28.7 percent of convictions for drug trafficking 24 offenses carrying a mandatory minimum penalty in- 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 4 •HR 7194 IH volved the use of a weapon, violence, or threats of 1 violence. Only 11.7 percent of offenders convicted of 2 such offenses played a leadership role. 3 (9) Mandatory minimum sentences have histori- 4 cally been shown to have a disproportionate impact 5 on African Americans. The United States Sen- 6 tencing Commission, in a 15-year overview of the 7 Federal sentencing system, concluded that ‘‘manda- 8 tory penalty statutes are used inconsistently’’ and 9 disproportionately affect African-American defend- 10 ants. According to another United States Sentencing 11 Commission report, in fiscal year 2016, of the 8,342 12 offenders who were subject to a Federal mandatory 13 minimum penalty at sentencing, Black offenders 14 were the largest group, representing 35.5 percent, 15 followed by White offenders, who represented 31.1 16 percent, and Hispanic offenders, who represented 17 30.9 percent. 18 (10) According to the U.S. Sentencing Commis- 19 sion, between 1994 and 2003, the average time 20 served by African Americans for a drug offense in- 21 creased by 62 percent, compared to a 17-percent in- 22 crease among White drug defendants. 23 (11) According to the Substance Abuse and 24 Mental Health Services Administration, surveys have 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 5 •HR 7194 IH documented that drug use is roughly consistent 1 across racial and ethnic groups. While there is less 2 data available regarding drug sellers, research from 3 the Office of National Drug Control Policy and the 4 National Institute of Justice has found that drug 5 users generally buy drugs from someone of their own 6 racial or ethnic background. But, according to the 7 U.S. Sentencing Commission, about 73 percent of all 8 drug offenders sentenced in 2018 were African 9 American and Hispanic, many of whom are low-level 10 offenders. 11 (12) As a result of Federal prosecutors’ focus 12 on low-level drug offenders, the overwhelming major- 13 ity of individuals subject to the heightened crack co- 14 caine penalties are African American. According to 15 the U.S. Sentencing Commission, in fiscal year 16 2016, of those offenders sentenced on Federal crack 17 cocaine charges, only 5.5 percent were White, while 18 82.6 percent and 11.4 percent were African Amer- 19 ican and Hispanic, respectively. 20 (13) According to the U.S. Census, African 21 Americans comprise 13.3 percent of the U.S. popu- 22 lation, but according to the U.S. Sentencing Com- 23 mission, in fiscal year 2018 African Americans made 24 up 24.9 percent of all drug trafficking offenders. 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 6 •HR 7194 IH (14) According to the U.S. Sentencing Commis- 1 sion, in fiscal year 2016, about 34.6 percent of 2 women entering Federal prison did so for a drug of- 3 fense. Linking drug quantity with punishment sever- 4 ity has had a particularly profound impact on 5 women, who are historically more likely to play pe- 6 ripheral roles in a drug enterprise than men. How- 7 ever, because prosecutors can attach drug quantities 8 to an individual regardless of the level of a defend- 9 ant’s participation in the charged offense, women 10 have been exposed to increasingly punitive sentences. 11 (15) Low-level and mid-level drug offenders can 12 be adequately prosecuted by the States and punished 13 or supervised in treatment as appropriate. 14 (16) Congress has an obligation to taxpayers to 15 use sentencing policies that are cost-effective and in- 16 crease public safety, in addition to establishing a 17 criminal justice system that is fair, efficient, and 18 provides just sentences for offenders. Mandatory 19 sentences have not been conclusively shown to re- 20 duce recidivism or deter crime. 21 (17) The limited resources in the Federal crimi- 22 nal justice system should be used to protect society 23 by incapacitating dangerous and violent offenders 24 who pose a threat to public safety. 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 7 •HR 7194 IH (18) The Federal judiciary has the expertise 1 and is in the best position to sentence each offender 2 and determine who should be sent to Federal prisons 3 and the amount of time each offender should serve. 4 SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTOR- 5 NEY GENERAL. 6 A Federal prosecution for an offense under the Con- 7 trolled Substances Act, the Controlled Substances Import 8 and Export Act, or for any conspiracy to commit such an 9 offense, where the offense involves the illegal distribution 10 or possession of a controlled substance in an amount less 11 than that amount specified as a minimum for an offense 12 under section 401(b)(1)(A) of the Controlled Substances 13 Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub- 14 stance containing cocaine or cocaine base, in an amount 15 less than 500 grams, shall not be commenced without the 16 prior written approval of the Attorney General. 17 SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVI- 18 SIONS. 19 (a) SECTION 404.—Section 404(a) of the Controlled 20 Substances Act (21 U.S.C. 844(a)) is amended— 21 (1) by striking ‘‘not less than 15 days but’’; 22 (2) by striking ‘‘not less than 90 days but’’; 23 and 24 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 8 •HR 7194 IH (3) by striking the sentence beginning ‘‘The im- 1 position or execution of a minimum sentence’’. 2 (b) SECTION 401.—Section 401(b) of the Controlled 3 Substances Act (21 U.S.C. 841(b)) is amended— 4 (1) in paragraph (1)(A)— 5 (A) by striking ‘‘which may not be less 6 than 10 years and or more than’’ and inserting 7 ‘‘for any term of years or for’’; 8 (B) by striking ‘‘and if death or serious 9 bodily injury results from the use of such sub- 10 stance shall not be less than 20 years or more 11 than life’’; 12 (C) by striking ‘‘which may not be less 13 than 20 years and not more than life imprison- 14 ment and if death or serious bodily injury re- 15 sults from the use of such substance shall be 16 sentenced to imprisonment for any term of 17 years or for life imprisonment’’ and inserting 18 ‘‘for any term of years or for life’’; 19 (D) by striking the sentence beginning ‘‘If 20 any person commits a violation of this subpara- 21 graph’’; and 22 (E) by striking the sentence beginning 23 ‘‘Notwithstanding any other provision of law’’ 24 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 9 •HR 7194 IH and the sentence beginning ‘‘No person sen- 1 tenced’’; 2 (2) in paragraph (1)(B)— 3 (A) by striking ‘‘which may not be less 4 than 5 years and’’ and inserting ‘‘for’’; 5 (B) by striking ‘‘not less than 20 years or 6 more than,’’ and inserting ‘‘for any term or 7 years or for’’; 8 (C) by striking ‘‘which may not be less 9 than 10 years and not more than’’ and insert- 10 ing ‘‘for any term of years or for’’; 11 (D) by inserting ‘‘imprisonment for any 12 term of years or for’’ after ‘‘if death or serious 13 bodily injury results from the use of such sub- 14 stance shall be sentenced to’’; and 15 (E) by striking the sentence beginning 16 ‘‘Notwithstanding any other provision of law’’ 17 and the sentence beginning ‘‘No person sen- 18 tenced’’; and 19 (3) in paragraph (1)(C), by striking ‘‘of not less 20 than twenty years or more than life’’ and inserting 21 ‘‘for any term of years or to life imprisonment’’. 22 (c) SECTION 1010.—Section 1010(b) of the Con- 23 trolled Substances Import and Export Act (21 U.S.C. 24 960(b)) is amended— 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 10 •HR 7194 IH (1) in paragraph (1)— 1 (A) by striking ‘‘of not less than 10 years 2 and not more than’’ and inserting ‘‘for any 3 term of years or for’’; 4 (B) by striking ‘‘and if death’’ the first 5 place it appears and all that follows through 6 ‘‘20 years and not more than life’’ the first 7 place it appears; 8 (C) by striking ‘‘of not less than 20 years 9 and not more than life imprisonment’’ and in- 10 serting ‘‘for any term of years or for life’’; 11 (D) by striking ‘‘and if death or serious 12 bodily injury results from the use of such sub- 13 stance shall be sentenced to life imprisonment’’; 14 and 15 (E) by striking the sentence beginning 16 ‘‘Notwithstanding any other provision of law’’ 17 and the sentence beginning ‘‘No person sen- 18 tenced’’; 19 (2) in paragraph (2)— 20 (A) by striking ‘‘not less than 5 years 21 and’’; 22 (B) by striking ‘‘of not less than twenty 23 years and not more than’’ and inserting ‘‘for 24 any term of years or for’’; 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 11 •HR 7194 IH (C) by striking ‘‘of not less than 10 years 1 and not more than’’ and inserting ‘‘for any 2 term of years or to’’; 3 (D) by striking ‘‘and if death or serious 4 bodily injury results from the use of such sub- 5 stance shall be sentenced to life imprisonment’’; 6 and 7 (E) by striking the sentence beginning 8 ‘‘Notwithstanding any other provision of law’’ 9 and the sentence beginning ‘‘No person sen- 10 tenced’’; and 11 (3) in paragraph (3), by striking ‘‘of not less 12 than twenty years and not more than life’’ and in- 13 serting ‘‘for any term or years or for life’’. 14 (d) SECTION 418.—Section 418 of the Controlled 15 Substances Act (21 U.S.C. 859) is amended by striking 16 the sentence beginning ‘‘Except to the extent’’ each place 17 it appears and by striking the sentence beginning ‘‘The 18 mandatory minimum’’. 19 (e) SECTION 419.—Section 419 of the Controlled 20 Substances Act (21 U.S.C. 860) is amended— 21 (1) by striking the sentence beginning ‘‘Except 22 to the extent’’ each place it appears and by striking 23 the sentence beginning ‘‘The mandatory minimum’’; 24 and 25 VerDate Sep 11 2014 20:58 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H7194.IH H7194 jbell on DSKJLSW7X2PROD with BILLS 12 •HR 7194 IH (2) by striking subsection (d). 1 (f) SECTION 420.—Section 420 of the Controlled 2 Substances Act (21 U.S.C. 861) is amended— 3 (1) in each of subsections (b) and (c), by strik- 4 ing the sentence beginning ‘‘Except to the extent’’; 5 (2) by striking subsection (e); and 6 (3) in subsection (f), by striking ‘‘, (c), and (e)’’ 7 and inserting ‘‘and (c)’’. 8 Æ [Text truncated for display. 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