Explanation of Sentencing ReformAct and Corrections Act of 2015

Sentencing Reform and Corrections Act, was approved by a bipartisan vote of 15 to 5 on october 22, 2015. before it can become law, it must pass through the senate, it must pass through the house of representatives and then the president must sign the new law.

There are high hopes that this will happen, but its not clear when this will happen. So, to be clear, these not changes have not been enacted yet.

Under the bills, the mandatory sentences that are currently issued under the federal “three strikes” law for people convicted of three drug-related crimes would be reduced from a life sentence to a mandatory minimum of 25 years. The mandatory minimum sentence for a second drug conviction would also be reduced from 20 years to 15 years. In many cases these changes would apply retroactively to currently incarcerated inmates. Judges would also get more discretion to issue sentences below the statutory minimums for defendants who have not been involved in violent crimes, have not been known to possess firearms, and are not part of a “continuing criminal enterprise.”

The bills would also retroactively reduce sentences for inmates who were sentenced under the exceedingly harsh guidelines for crack possession that were required by federal law until 2011. From 1994 to 2011, a person possessing just five5 grams of crack was considered a felon, while a person found with powdered cocaine would have to have 100 grams in their possession for a similar conviction. In 2011 Congress increased the amount of crack required for a similar future convictions to 28 grams, and this bill would apply that change to people convicted of crack possession prior to 2011 as well. The statutory maximum sentence for unlawful possession of a firearm by a convicted felon would be increased under the bills from 10 years to 15 years.

– David Zapp and Johanna Zapp 

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