- HR 1459, the Fairness in Cocaine Sentencing Act 2009
- HR 1466, the Major Drug Trafficking Prosecution Act 2009
- HR 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009
- HR 2178, the Crack-Cocaine Equitable Sentencing Act of 2009
- HR 18, the Powder-Crack Cocaine Penalty Equalization Act of 2009
Other witnesses include Marc Mauer of the Sentencing Project and Willie May Aikens, a former major league baseball player who served 12 years for small amounts of crack.
Here's a little of my analysis of the bills: The best are H.R. 1459, H.R. 1466 and H.R. 2178:
H.R. 1459: Fairness in Cocaine Sentencing Act of 2009
- Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate: (1) increased and mandatory minimum penalties for drug offenses involving mixtures or substances which contain cocaine base (i.e., crack cocaine); and (2) restrictions on judicial authority to grant probation or suspended sentences for certain cocaine offenses.
- Good bill, has 17 co-sponsors.
H.R. 2178: Crack-Cocaine Equitable Sentencing Act of 2009
- No frills. Equalizes the penalties and mandatory minimums at the current powder levels. Simple and direct. It would take 500 grams of crack instead of 50 to trigger the 5 year mandatory minimum sentence -- just like it always has for powder.
- Charlie Rangel, no co-sponsors yet.
H.R. 1466: Major Drug Trafficking Prosecution Act of 2009
- Limits federal prosecution of drug offenses
- Requires the Attorney General's prior written approval for a federal prosecution of an offense under the Controlled Substances Act (CSA) or the Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams.
- Modifies CSA and CSIEA to delete specified mandatory minimum terms of imprisonment.
H.R. 265: Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009:
- This one is Joe Biden's baby, left-over from last Congress and reintroduced and is not a good bill. It precludes retroactivity for those already in jail and is filled with millions of dollars to pump up the war on drugs.
- Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to increase the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) required for the imposition of mandatory minimum prison terms for crack cocaine trafficking to eliminate the sentencing disparity between crack and powder cocaine.
- Eliminates the five year mandatory minimum prison term for first time possession of crack cocaine.
- Directs the U.S. Sentencing Commission to review and amend, if appropriate, its sentencing guidelines for trafficking in a controlled substance to reflect the use of a dangerous weapon or violence in such crime and the culpability and the role of the defendant in such crime, taking into account certain aggravating and mitigating factors.
- Directs the Attorney General to make grants to improve drug treatment to offenders in prisons, jails, and juvenile facilities.
- Authorizes the Attorney General to make grants to establish demonstration programs to reduce the use of alcohol and other drugs by substance abusers while incarcerated and until the completion of parole or court supervision.
- Increases monetary penalties for drug trafficking and for the importation and exportation of controlled substances.
- Authorizes appropriations to the Departments of Justice (DOJ), the Treasury, and Homeland Security (DHS) for FY2009 FY2010 for the prosecution of, and for supporting the prosecution of, high level drug offenses.
And, since you know some Republicans had to get their warped views in, here's their bill: It increases the penalties for powder to match those now set for crack.
H.R. 18: Powder Crack Cocaine Penalty Equalization Act of 2009 (A bill to target cocaine kingpins and address sentencing disparity between crack and powder cocaine.)
- Amends the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate the disparity in sentencing between crack and powder cocaine, with regard to trafficking, possession, importation, and exportation of such substances, by changing the applicable amounts for powder cocaine to those currently applicable to crack cocaine.
Bottom line: It's time to crack the disparity, reduce the penalties for crack to match the lower levels for powder and end mandatory minimum sentences for both. Retroactivity would be nice too, so the thousands already languishing in our prisons serving these draconian and unjust sentences could get some relief.
