Last week’s decision by the U.S. Sentencing Commission to retroactively reduce the mandatory federal prison terms for crack cocaine offenses means up to 19,500 inmates nationwide could be eligible for release in March or have their sentences reduced.
More than 450 of those inmates will be from eastern Missouri.
The commission, which sets guidelines for federal prison sentences, said the amendment was intended as a step toward reducing some of the “unwarranted” disparity that exists between crack and powder cocaine sentences.
“It is a good thing to have removed an inequity in our laws that was legislated in place,” said Redditt Hudson, racial justice manager at the American Civil Liberties Union of Eastern Missouri.
“The decision, I think, is a step in the right direction if you look at the whole criminal justice process.”
Nearly 10 percent of the eligible inmates could be released within a year after the March 3 effective date, and almost half could be out by 2010.
A federal sentencing judge will make the final determination of whether an offender is eligible for a lower sentence and how much that sentence should be lowered. A two-year reduction in prison time is the most inmates can expect.
The commission first amended prison time for crack offenses in April. The guidelines took effect Nov. 1 after Congress decided not to overturn the changes. Last week’s decision made those guidelines retroactive for prisoners convicted in the past of dealing crack.
Prisoners not eligible for reductions either already are serving the minimum sentence, were sentenced for possession of massive quantities of crack or are serving time under laws that apply to career criminals.
Currently, there are between 36,000 and 37,000 federal prison inmates, out of a population of 200,000, serving time for crack crimes. About 80 percent of those crack offenders are black.
Crack disparity
For years, civil rights advocates – as well as many lawmakers, judges and attorneys – have decried the way federal sentencing guidelines have come down harder on crack cocaine. These advocates have called for more equitable punishment by Congress.
“It has had a devastating impact on those that were negatively targeted including black, Latino and poor white communities,” Hudson said. “Sentencing and enforcement level should be the same because it’s the same drug.”
At the height of the “War on Drugs” frenzy, Congress established tougher cocaine guidelines known as the “100-to-1” ratio, which resulted in harsher sentences for crack offenses.
The ratio doles out the same minimum five-year prison term for those caught with 5 grams of crack and those caught with 500 grams of powder cocaine.
Critics say the tougher penalties for crack unfairly targeted poor black people who live in inner-city areas and are more likely to use the drug, which is cheaper and more addictive than powder cocaine.
Even after last week’s decision, prison terms for crack cocaine are two to five times longer on average than sentences for powder cocaine.
In addition, crack cocaine offenders are still required to serve mandatory five- or ten-year sentences because of the amount of crack involved in their offense.
“I think we need to take a look at all the guidelines that require prison terms, because there is a disparity that still exists,” said Doug Burris, chief U.S. probation officer at the U.S. Probation Office in Missouri.
“We send a lot of nonviolent persons to prison because the sentence guidelines give judges discretion.”
Wary of return
Although some are wary that the influx of crack offenders back into the community may create more violence and drug usage, advocates of reform said neighborhoods have little to fear.
Burris said providing inmates with resources, such as employment and education, is key if they are to succeed.
“I think this district will be fully prepared to help these people be good citizens and productive members of society,” Burris said. “The key is if people are willing to give these people a second chance.”
Several bills have been introduced to further close the sentencing gap between crack and powder cocaine. The Senate is expected to hold hearings on the legislation next year.
In January, the Sentencing Commission and U.S. Courts will sponsor a summit in St. Louis to discuss the changes to the sentencing guidelines. Of the 94 federal districts in the country, eastern Missouri has the 10th largest crack caseload in the system, Burris said.
Hudson said, “It is critical that we see others who work or function in and around the system giving voice to these kinds of issues. If we do this, we can do a great deal to conform our system.”