In an effort to reduce the overcrowding of federal prisons, the Department of Justice is proposing an opportunity for nonviolent drug offenders to retroactively apply for sentence reductions. The passage of this proposal would allow those who committed drug offenses without the use of firearms, deadly weapons, or threatening behavior to have the quantity of drugs in their possession lessened by two levels, resulting in an average two year reduction in their sentence overall.
The DOJ anticipates reducing the federal inmate population by 6,500 prisoners over the next five years with the passage of this proposal, which the U.S. Sentencing Commission will vote on next month. The severity of prison overcrowding and its desperate need for relief was recognized by the commission last month, when they voted unanimously to reduce sentencing guidelines for nonviolent drug-trafficking defendants by an average of 11 months.
Though this is a step toward reducing an overcrowded prison system overall, it is evident that this proposal is very limited in terms of the number of people it would actually affect. In addition to its focus on federal prisons and nonviolent drug offenses specifically, Attorney General Eric Holder said “not everyone in prison for a drug-related offense would be eligible. Nor would everyone who is eligible be guaranteed a reduced sentence.”
Despite this specificity, the number of federal offenders imprisoned for drug crimes amounts to almost half of the total federal prison population (according to the Federal Bureau of Prisons). This, coupled with the DOJ’s belief that the retroactive application would reduce these sentences by two years on average, is sure to make some kind of impact in reducing the length of federal prison stays overall. Attorney General Holder recognized the limitations of this step, saying “this proposal strikes the best balance between protecting public safety and addressing the overcrowding of our prison system that has been exacerbated by unnecessarily long sentences.” In the midst of cultural discussions of drug decriminalization and overcrowded prison systems, it is refreshing at least to see a leader like Holder recognize a problem as well as take a necessary step, as little as it may be, toward resolving it.