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As U.S. Paces World in Incarcerations, Advocates Call for Senate Action

Advocacy groups concerned with globe-leading mass incarcerations are calling for drastic reforms ahead of an upcoming Senate Judiciary Committee meeting expected to address the matter.

Despite its imperfections, the Sentencing Project, Human Rights Watch and the American Bar Association called for lawmakers to pass the Sentencing Reform and Corrections Act of 2017 (S.1917) as a means to improve the federal criminal justice system and create more equitable incarcerations.

On Thursday, February 15, the committee, headed by Sen. Chuck Grassley (R- Iowa) is expected to meet to address the reform package—the only Bill on the committee's agenda. According to information from the Prison Policy Initiative, the U.S. incarcerates 693 people per 100,000 residents, which is the most of any country.

The bipartisan reform bill would give greater judicial discretion to judges at the expense of certain mandatory sentencing restrictions for offenders with negligible criminal histories. It would also "recalibrate" prison sentences for non-violent drug offenders while tightening the screws on violent career criminals, according to information from Grassley's office.

Marc Mauer, executive director of the Sentencing Project, released a statement advocating the Act be passed and said it would be a step in the right direction toward creating a more "equitable and proportionate" justice system without negatively impacting public safety. "The federal prison system is the largest in the country, and the Department of Justice’s budget proposal for 2018 projects a 2% increase in the prison population," said Mauer. "Gone unchecked, the federal government’s harsh sentencing structure frequently applied to convictions for nonviolent offenses and its underfunded system for rehabilitation exacerbates the fiscal and humanitarian burdens plaguing the prison system."

Jasmine L. Tyler, advocacy director, U.S. Program, for Human Rights Watch, lauded the bill's intent to reduce mandatory prison sentences, among other effects. "[It would] address sentencing disparities and break down barriers that prevent people with criminal records from being successful upon release," said Taylor. "Its passage would be an important milestone in the fight for rights-respecting criminal justice reforms in the United States."

ABA President Hilarie Bass commended the committee for working across the aisle to address mass incarceration and called for the Bill's passage despite its limitations. "While S. 1917 does not go as far as the ABA would like in overhauling federal sentencing policy, it takes many important steps forward to reduce reliance on mandatory minimum sentences for low-level drug offenders and to improve sentencing and correction policies that affect juvenile justice. The ABA advocates for a quick passage of the bill by the Senate," said Bass in a statement.

Human Rights Watch and The Sentencing Project also both expressed concerns that minimum sentences will not be entirely eliminated, though. They also expressed disapproval about increased penalties for trafficking fentanyl. The Sentencing Project noted in a letter to the committee there is evidence the substance is often added to heroin outside the country and without the knowledge of street dealers.

Overall, adding together those in prison at each level of government, more than 2.3 million people are incarcerated, according to the Prison Policy Initiative statistics. Additional information on the Senate Judiciary Committee's meeting can be found here.

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