ESTIMATED IMPACT OF SENTENCING REFORMS:
Sentencing Reform and Corrections Act, S. 2123 vs. Smarter Sentencing Act, S. 502
Mandatory
Minimum
Changes
Sentence
Reduction:
Reducing 5and 10-year
mandatory
minimum
sentences
under 21
U.S.C. § 841
Sentence
Reduction:
Reducing 20year and life
mandatory
minimums
under 21
U.S.C. §§ 841,
851 for repeat
drug offenders
Smarter Sentencing Act
(SSA, H.R. 920/S. 502)
Sentencing Reform and Corrections Act
(SRACA, S. 2123)1
Would reduce 5-year MM to 2-year MM for first drug offense
(for certain drug quantities), and 10-year MM to 5-year MM for
first drug offense (for certain drug quantities).
N/A
U.S. Sentencing Commission would rewrite the drug guidelines
used in all federal drug cases accordingly. This means that the
SSA’s sentencing reforms would impact virtually all drug
offenders sentenced annually. Not retroactive.
IMPACT: In FY 2014,
- 4,809 people received 5-year MMs
- 6,157 people received MMs of 10 years or more
- An additional 10,927 people were sentenced under the
drug guidelines2
Total: 21,893 people per year
Would reduce 20-year MM to 10-year MM and 10-year MM to 5year MM for second-time drug offenders, and life without parole
MM to 25-year MM for third-time drug offenders.
Not retroactive.
IMPACT: at least 84 people per year
Average sentence reduction: 22.5% (54 months)
Bed savings: at least 331 prison beds within 5 years of enactment
1
Would reduce 20-year MM to 15-year MM for
second-time drug offenders, and life without
parole MM to 25-year MM for third-time drug
offenders. Retroactive.
IMPACT: 84 people per year
Average sentence reduction: 22.5% (54 months)
Bed savings: 331 prison beds within 5 years of
enactment
Retroactive relief for: 2,265 people
Average sentence reduction: 22% (58 months)
Mandatory Minimum Changes
Drug safety valve reform: Create new drug safety
valve for people facing 10-year MM who meet all
safety valve criteria, did not have a prior serious
drug felony or serious violent felony, did not sell
drugs with/to a minor, and were street-level sellers
or lower in the conspiracy. Not retroactive.
Drug safety valve reform: Expand existing drug
“safety valve” at 18 U.S.C. § 3553(f).
Not retroactive.
Smarter Sentencing Act
(SSA, H.R. 920/S. 502)
N/A
Sentencing Reform and Corrections Act
(SRACA, S. 2123)
IMPACT: 550 people per year (average
sentence reduction of 19% (21 months))
Bed savings: 127 federal prison beds within 5
years of enactment
Safety valve would apply to
drug offenders with up to 3
(not 1) criminal history
points. The person must also
meet other criteria (no gun
possession, no violence, no
leadership role, plead
guilty).
Safety valve would apply to drug offenders
with up to 4 (not 1) criminal history points, so
long as they do not have 2-point drug
trafficking priors or 3-point priors, unless the
court finds that the person’s criminal history
over-represents their dangerousness and
likelihood of committing more crimes and the
person does not have a “serious violent” or
“serious drug” felony prior. Person must meet
other criteria (no gun possession, no violence,
no leadership role, plead guilty).
IMPACT: less than 3,314 people per year (the
U.S. Sentencing Commission did not determine
how many people may be disqualified from
relief because they have prior 2-point, 3-point,
or serious violent or drug felony prior
convictions).
Average sentence reduction: 20% (11 months)
Bed savings: 1,593 federal prison beds within 5
years of enactment.
IMPACT: No estimate provided; the definitions
of qualifying prior convictions are subject to
litigation
IMPACT: 2,180 people per
year3
Limiting priors that trigger recidivist drug MMs:
N/A
Removing people from 25-year and 15-year
recidivist MMs for drug offenses under 21 U.S.C. §§
841, 851 if they did not have prior “serious drug
felony” convictions.
2
Mandatory Minimum Changes
Sentence Reduction: Reducing recidivist MM
penalty from 25 years to 15 years and clarifying
“stacking” of multiple 18 U.S.C. § 924(c) gun MMs
in a single indictment (i.e., Weldon Angelos fix).
Retroactive.
Sentence Reduction: Reducing MMs for recidivist
felons who possess weapons under 18 U.S.C. §
924(e) from 15 years to 10 years.
Retroactive.
New Mandatory Minimums and
Sentence Increases
Maximum sentence increase: Increasing statutory
maximum offense for recidivist felons who possess
weapons under 18 U.S.C. § 924(e) from 10 years to
15 years
New mandatory minimum: Subjecting new people to
15-year recidivist MM for 18 U.S.C. § 924(c) gun
charges because the person has state law crime of
violence convictions that had as an element the
carrying/brandishing/discharge of a firearm
New mandatory minimum: Subjecting new people to
25-year and 15-year recidivist MMs for drug
offenses under 21 U.S.C. §§ 841, 851 because they
have prior “serious violent felony” convictions
New mandatory minimum: Creating new 10-year
MM for interstate domestic violence resulting in
death (18 U.S.C. § 2261)
New mandatory minimum: Creating new 5-year MM
for export control violations (50 U.S.C. § 1705)
Smarter Sentencing Act
(SSA, H.R. 920/S. 502)
N/A
Sentencing Reform and Corrections Act
(SRACA, S. 2123)
IMPACT: 62 people per year
Average sentence reduction: 30% (229 months)
Retroactive relief for: 2,500 people
N/A
IMPACT: 277 people per year (average
sentence reduction: 22% (40 months))
Retroactive relief for: 2,317 people (average
sentence reduction: 19% (35 months))
Sentencing Reform and Corrections Act
(SRACA, S. 2123)
IMPACT: No estimate provided
Smarter Sentencing Act
(SSA, H.R. 920/S. 502)
N/A
N/A
IMPACT: No estimate provided; the definitions
of qualifying prior convictions are subject to
litigation
N/A
IMPACT: No estimate provided; the definitions
of qualifying prior convictions are subject to
litigation
N/A
IMPACT: No estimate provided
N/A
IMPACT: No estimate provided
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RETROACTIVE TOTALS
5,826 over a number of years
5,826 (FSA)
NEW MANDATORY
MINIMUMS
COST SAVINGS
N/A
Sentencing Reform and Corrections Act
(SRACA, S. 2123)
4,287 people per year
62 (§ 924 reduction and stacking)
277 (ACCA)
3,314 (4-pt SV)
550 (10-yr SV)
84 (20-yr, life MMs)
12,908 people over a number of years
5,826 (FSA)
2,500 (§ 924 reduction and stacking)
2,317 (ACCA)
2,265 (20-yr, life MMs)
No estimates provided
$3 billion over 10 years4
Unknown
PROSPECTIVE TOTALS
Smarter Sentencing Act
(SSA, H.R. 920/S. 502)
24,157 people per year
21,893 people per year (5-yr, 10-yr MMs)
2,180 people per year (3-point SV)
84 (20-yr, life MMs)
Statement of Judge Patti Saris, Chair, U.S. Sentencing Comm’n, submitted to the U.S. Senate Judiciary Committee for the Hearing on “S. 2123, Sentencing
Reform and Corrections Act of 2015,” Oct. 19, 2015, http://www.ussc.gov/sites/default/files/pdf/news/congressional-testimony-andreports/testimony/20151021_Saris_Testimony.pdf. The SRACA’s sentencing reforms are also in a House bill, H.R. 3713, the Sentencing Reform Act. The
Sentencing Reform Act is substantially similar to the SRACA, with two important exceptions: (1) the House bill further limits retroactive relief of its sentence
reductions, excluding automatically any person who has a prior conviction for a broadly-defined “serious violent felony” or 3-point offense under the U.S.
Sentencing Guidelines and (2) the House bill includes a new sentencing enhancement of an extra prison term of up to 5 years for heroin offenders who use
fentanyl in their drugs. This means that the SRA’s impact would likely be even smaller than that of SRACA.
2
U.S. Sentencing Comm’n, 2014 Sourcebook of Federal Sentencing Statistics Tbl. 43 (2014), http://www.ussc.gov/sites/default/files/pdf/research-andpublications/annual-reports-and-sourcebooks/2014/Table43.pdf.
3
Statement of Judge Patti Saris, Chair, U.S. Sentencing Comm’n, submitted to the U.S. Senate Judiciary Committee for the Hearing on “Reevaluating the
Effectiveness of Mandatory Minimum Sentences,” Sept. 18, 2013, at 10 available at
http://www.ussc.gov/Legislative_and_Public_Affairs/Congressional_Testimony_and_Reports/Submissions/20130918_SJC_Mandatory_Minimums.pdf (using
FY 2012 sentencing data).
4
Congressional Budget Office, Cost Estimate: S. 1410, Smarter Sentencing Act of 2014 (Sept. 11, 2014), https://www.cbo.gov/sites/default/files/113th-congress2013-2014/costestimate/s141000.pdf.
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