Sens. Sessions, Salazar, Pryor and Cornyn Introduce Drug Sentencing Reform Act

Sens. Sessions, Salazar, Pryor and Cornyn Introduce Drug Sentencing Reform Act

U.S. Sens. Jeff Sessions (R-AL), Ken Salazar (D-CO), Mark Pryor (D-AR), and John Cornyn (R-TX) - all former state Attorneys General - today introduced legislation that would reduce the crack-powder cocaine sentencing disparity from 100-to-1 to 20-to-1.

The bill, the Drug Sentencing Reform Act of 2006, would reduce the disparity for triggering the mandatory minimum sentences for crack and powder cocaine from 100-to-1 to 20-to-1 by reducing the penalty for crack cocaine and increasing the penalty for powder cocaine. The underlying goal of the bill is fairness - treating similar drugs more equally when it comes to sentencing.

The measure also would shift some of the emphasis in sentencing from drug quantity to the type of criminal conduct by increasing penalties for the worst drug offenders who use violence and employ women and children as couriers. It would decrease penalties on those who play only a minimal role in a drug trafficking offense, such as a girlfriend or child of a drug dealer who receives little or no compensation.

In 1984, Congress abolished the parole system and established the Sentencing Guidelines to provide more uniform and certain sentencing. In 1986, lawmakers set statutory mandatory minimum sentences for various illegal drugs, including a 5-year mandatory minimum sentence for trafficking 500 grams of powder cocaine or 5 grams of crack and a 10-year mandatory minimum for trafficking 5,000 grams of powder or 50 grams of crack.

The 100-to-1 ratio of crack to powder was enacted largely to prevent the spread of crack cocaine across America, especially into minority neighborhoods. Despite that goal, crack cocaine has spread across the country and into minority neighborhoods. A recent U.S. Sentencing Commission report said that 83% percent of offenders sentenced for crack violations were African Americans. And a Bureau of Prisons study revealed that weapons use and violence are more accurate indicators of recidivism than drug use.

Salazar said: "The 100-to-1 sentencing disparity between crack and powder cocaine can no longer be justified. This bill would begin the process of ensuring that the punishment for crack and cocaine is severe, but just. As a former Attorney General, I am sensitive to the balance that must be struck to ensure that the punishment fits the crime. The Drug Sentencing Reform Act is an important step toward achieving this balance and I am hopeful the rest of the Senate will support this common-sense bill."

Sessions said: "This bill would bring measured and balanced improvements in the current sentencing system to ensure a more just outcome - tougher sentences on the worst and most violent drug offenders and less severe sentences on lower-level, non-violent offenders. The 100-to-1 disparity in sentencing between crack cocaine and powder cocaine is not justifiable. Our experience with the guidelines has convinced me that these changes will make the criminal justice system more effective and fair. It's time to act."

Pryor said: "Cocaine poses a significant threat because it is readily available, highly addictive and directly associated with violent crime in both rural and urban communities. We need to send a strong message to those who buy and sell this drug, and that includes fixing the disparities that exist in our sentencing guidelines and keeping the most dangerous offenders off the streets."

Cornyn said: "Though we have made great strides in the war on drugs in recent years, Congress must remain vigilant in addressing this problem where and when it is required. Today, more high school students use powder than crack. In 2005, the rate of powder cocaine use among 12th Graders was almost three times as high as the rate of crack cocaine use. It is important that our drug laws reflect those troubling statistics which is what this legislation seeks to do."

http://salazar.senate.gov/news/releases/060725drugs.htm