Last Updated on: 20th October 2023, 09:42 am

Background on Federal Sentencing

The federal prison population exploded starting in the 1980s due to harsher sentencing laws enacted by Congress. These included:

• Mandatory minimums
• Three strikes laws
• Restrictions on parole

From 1980 to 2013, the federal prison population grew nearly 800% [1].

Much of this growth stemmed from lengthy sentences for drug offenses. In the 1980s and 90s, Congress passed laws establishing mandatory minimums for drug crimes. Even low-level offenses could trigger multi-year sentences[2].

These policies disproportionately affected people of color. From 1991 to 2016, the share of Black men in federal prison rose from around 40% to over 50% [3].

Critics argued that excessive imprisonment was ineffective and costly. By 2013, the federal prison budget had ballooned to $6.9 billion annually[1]. There was growing consensus on the need for reform.

Recent Reforms

In 2010, Congress passed the Fair Sentencing Act. This reduced the sentencing disparity between crack and powder cocaine offenses. Before, crack offenses (linked more to communities of color) had much harsher penalties[4].

The First Step Act of 2018 was the most sweeping reform. It made the Fair Sentencing Act’s changes retroactive, benefiting over 2,000 inmates so far. The law also expanded “compassionate release” for elderly and terminally ill inmates, increased good time credits to shorten sentences, and bolstered reentry programs[5].

Prosecutors have been encouraged to avoid excessive charges leading to mandatory minimums. The Smart on Crime initiative begun in 2013 urged prosecutors to focus on the most serious offenses[6].

Impacts of Recent Reforms

• The federal prison population has steadily declined since 2013, falling around 21% as of 2022.
• Over 30,000 inmates have received sentence reductions in recent years through retroactive laws, compassionate release, and other programs.
• Recidivism rates are lower for those benefiting from reform laws compared to average released inmates[5].
• Thousands have been released to home confinement, especially during COVID-19 under temporary programs[5].
• The composition of federal inmates has shifted. From 2013 to 2018, those in for crack, powder cocaine, and marijuana fell 37% to 61% .
• Disparities remain but have improved. In 2018, average sentences for Black men were 19 months longer than for white men, down from 25 months in 2012.

Conclusion

Federal sentencing and corrections policies are still evolving. But reforms in recent years have helped reduce excessive punishments and racial inequities. Ongoing efforts aim to build a more balanced, humane, and cost-effective approach to justice. With support across party lines, further progress seems likely in coming years.