Vote Smart's Synopsis:

Vote to pass a bill that amends criminal sentencing laws for low-level nonviolent drug offenders.

Highlights:

• Requires a judge sentencing an individual for conspiracy to commit a drug trafficking offense to impose the minimum prison term allowed under law, and authorizes the judge to reduce the fine and sentence of the individual if all of the following conditions are met, including (Sec. 1):

• The individual has accepted responsibility for their criminal conduct;

• The individual has not been convicted of a felony;

• The individual did not use violence, a credible threat of violence, a firearm, or other dangerous weapon in the commission of the offense;

• Substantial evidence does not exist showing that the individual was involved in the sale or delivery of the substance;

• The individual admits that they have a substance abuse disorder involving a controlled substance and has agreed to participate in a treatment plan; and

• Imposition of the mandatory prison term would result in substantial injustice and is not necessary for the protection of the public.

• Requires the Administrative Office of the Courts publish on its website a report on the number of sentences modified under this act in the previous calendar year beginning December 1, 2020 (Sec. 3).

• Authorizes a prisoner serving an active sentence for a drug trafficking offense shall be eligible for release to a post-release supervision for the remainder of their sentence if the Commission determines that the following conditions are met, including (Sec. 3):

• The prisoner has served at least 24 months of their sentence;

• There is substantial likelihood that the prisoner will conform to the reasonable conditions of post-release supervision;

• The prisoners release at the time would not depreciate the seriousness of their crime or promote disrespect of the law;

• The prisoner’s release shall substantially enhance their ability to lead a law-abiding life; and

• There is substantial evidence that the prisoner will not engage in further criminal conduct.

Full Bill Text