New Plan Increases Chances for Sentence Reduction
by Derek Gilna
It appears that I have been too pessimistic as to the chances for broad sentence reform in the near future, and the numbers of prisoners who could get relief. On the heels of the
announcement in the Spring that appeared to affect 5,000 to 10,000 prisoners, a similar impact to the first crack law reforms, a new announcement appears to increase that number to 20,000. Some observers on the Sentencing Commission believe it could be as high as 50,000.
This program would not have to go through the DOJ or its Pardon Office, or
have to reviewed by the President, but instead would come from the US
Sentencing Commission’s rule-making authority. Its decision would have the force of law unless Congress blocks it, which is highly unlikely. Congress has never voted to overturn any policy of
the Sentencing Commission since its inception.
The Sentencing Commission has estimated that up to 50,000 prisoners could
receive up to 2 years off of their sentences, which would require petitions to be filed to gain relief. Since this program will be potentially much more wide-ranging than even the crack-law relief, it is
advisable to file a petition as soon as you are eligible and final details are available.
The likelihood of sentence relief remain high, essentially because no major political players oppose it. The Obama Administration can’t be blamed by their opponents for a decision of an independent agency like the Sentencing Commission, and Congress estimates that the move would save well over 1 billion dollars a year. Only certain elements of the Justice Department and assistant US attorneys oppose the new, broader, sentence relief, but fortunately they don’t get to vote on it.
