New Sentencing Guidelines Go into Effect

New guidelines that sensibly reduce sentences for most drug trafficking offenses – approved unanimously in April by the United States Sentencing Commission – will go into effect on Saturday, November 1.

“The reduction in drug guidelines that becomes effective tomorrow represents a significant step toward the goal the Commission has prioritized of reducing federal prison costs and overcrowding without endangering public safety,” said Patti B. Saris, chair of the United States Sentencing Commission, in a statement released today. “Commissioners worked together to develop an approach that advances the causes of fairness, justice, fiscal responsibility, and public safety, and I am very pleased that we were able to agree unanimously on this reasonable solution.”

Another unanimous vote in July made April’s decision retroactive, so people currently in prison can begin petitioning courts for a reduction in their sentence. For anyone sentenced after tomorrow, the new guidelines apply.

The effect of these reductions will potentially be enormous. The Commission’s Office of Research and Data estimates that, over the course of 30 years, 46,290 offenders sentenced between October 1, 1991 and today would be eligible to have their current sentence reduced. Of those offenders, 74 percent are Black or Hispanic, a figure that is indicative of the still-significant racial disparities in the U.S. criminal justice system.

In addition to impacting racial disparities, the Commission‘s own data demonstrate the massive economic benefits. Assuming an average bed-year cost of $28,948, total savings is projected to be nearly $2.3 billion. These savings can be used to improve prison facilities and probation services aimed at reducing recidivism as well as providing law enforcement with the resources they need to keep the public safe.

While this is a great step toward fairness, there is still work to be done. A bipartisan bill in Congress called the Smarter Sentencing Act would modernize drug sentencing policy, refocus resources towards enhancing public safety, and promote consistency with the Fair Sentencing Act.