Booker and Durbin Introduce Legislation Aimed at Increasing Membership within U.S. Sentencing Commission

Press Release

Date: Nov. 30, 2021
Location: Washington, DC

U.S. Senators Cory Booker (D-NJ) and Dick Durbin (D-IL) today introduced the Sentencing Commission Improvements Act, legislation that would for the first time add an ex officio member with a public defender background to the U.S. Sentencing Commission.

The U.S. Sentencing Commission, an independent agency within the federal judiciary, was created to establish policies and practices to help reduce sentencing disparities. It specifically collects and analyzes information on federal sentencing practices to help develop fairer and more effective criminal justice policies.

Currently, the Commission consists of seven members from both political parties appointed by the President and two ex officio, nonvoting members, the Attorney General or a designee and the U.S. Parole Commission chair. However, unlike the majority of state sentencing commissions, the federal Commission lacks a representative from a public defender background who would provide an essential perspective on the criminal justice system.

"The federal Sentencing Commission was created to be fair, impartial, and capable of providing evidence-driven improvements to our sentencing system, which is fraught with disparities," said Senator Booker. "Adding a statutory member to the Commission with a public defender background will ensure that the Commission's ranks include this distinct and essential perspective on our criminal justice system and, thus, bring us one step closer to a more balanced and just system."

"The U.S. Sentencing Commission is tasked with establishing practices and policies to promote transparency and reduce sentencing disparities, but the Commission is missing a crucial perspective from the federal public defender system. If we hope to improve sentencing policies in America, we must balance the Commission's membership by adding a nonvoting federal defender," said Senator Durbin. "The Sentencing Commission Improvements Act will remedy the Commission's blind spot and move us toward a fairer sentencing process."

The Sentencing Commission Improvements Act adds an ex officio, nonvoting federal defender member to the U.S. Sentencing Commission designated by the Defender Services Advisory Group, the body under the Administrative Office of the U.S. Courts that represents defender offices and advises the federal judiciary.


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