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Sentencing Reform Makes It Out Of Committee, But Its Future Remains Uncertain

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The Senate Judiciary Committee approved Iowa Senator Chuck Grassley’s sentencing reform bill in a 16-5 vote Thursday, a result Grassley has achieved before only for the bill to die in the Senate.

Grassley’s fellow Republicans accounted for all five of the votes against the Sentencing Reform and Corrections Act, while it enjoyed universal support from the committee’s 10 Democrats. If passed into law, the bill would reduce mandatory minimum sentences for drug offenders and introduce prison reforms aimed at cutting recidivism rates. Grassley, a Republican, found himself in a similar situation in the last Congress, where his 2015 version of this act made it out of committee, but was never called for a vote in the Senate. His main opposition is from Republicans, as his fellow party members split down the middle within his own committee.

Texas Sen. Ted Cruz, a Republican, voted against the bill, arguing its retroactive effect went too far in allowing current inmates to petition to have their sentences reduced. Utah Senator and fellow Republican Orrin Hatch argued the bill didn’t go far enough, claiming it should include “mens rea” reforms, which take into account whether an offender had criminal intent.

Only Louisiana Sen. John Kennedy, a Republican, opposed the bill, claiming sentencing reforms in his home state had been a “disaster.” Louisiana has the highest incarceration rate in the country.

In his opening remarks, Grassley again took an opportunity to criticize Attorney General Jeff Sessions for writing a letter to the committee in opposition to the reform bill. Sessions has long been an opponent of softer sentencing.

“[Sessions] is now the Attorney General and is charged with executing the laws that Congress passes, not interfering with the legislative process,” Grassley said. “Certainly we value input from the Department of Justice, but if General Sessions wanted to be involved in marking up this legislation, maybe he should have quit his job and run for the Republican Senate seat in Alabama.”

Grassley made a similar statement on Twitter Wednesday, saying he was “incensed” by Sessions’ opposition.

The future of sentencing reform is now in the hands of Senate Majority Leader Mitch McConnell, who chose not to bring Grassley’s 2015 version to a vote in the 114th Congress.

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