Bill introduced to lower mandatory minimum sentences for some nonviolent drug offenses

WASHINGTON D.C. (WSET) — U.S. Senator Tim Kaine (D-VA) joined Senators Dick Durbin (D-IL) and Mike Lee (R-UT) on Tuesday in introducing the Smarter Sentencing Act.

The bipartisan legislation aims to modernize federal drug sentencing policies by lowering mandatory minimum sentences for certain nonviolent drug offenses.

Kaine said the bill would provide federal judges with more flexibility to determine penalties for nonviolent offenses, allowing judges flexibility to apply the harshest penalties where circumstances warrant or to moderate sentences based on individual circumstances.

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He said this approach would make sentencing more proportionate to the offense and that the bill does not lower any maximum sentence.

“It’s time to get smarter about sentencing and focus our resources on individuals who pose the greatest public safety risks,” said Kaine. “This bipartisan bill would be a much-needed update to our one-size-fits-all approach to sentencing. Ensuring that federal judges can consider individual circumstances when determining sentences for certain nonviolent drug offenses will reduce overcrowding in our federal prisons, save taxpayers billions of dollars, and help nonviolent former drug users to re-enter their communities – all without harming public safety.”

Kaine said mandatory minimums have contributed to mass incarceration by imposing the same lengthy sentences for many nonviolent drug offenses.

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The Senators said overcrowding in federal prisons has placed the safety of correctional officers and inmates at risk. Mass incarceration is also costly to taxpayers; incarceration and detention costs account for nearly a third of the Department of Justice’s discretionary budget, diverting needed resources away from critical law enforcement and crime prevention programs.

Several reforms from the Smarter Sentencing Act, which was first introduced in 2013, were included in the landmark First Step Act, bipartisan criminal justice reform legislation Kaine helped pass and enact into law in 2018. The central remaining sentencing reform in the legislation is reducing mandatory minimum penalties for certain nonviolent drug offenses.