U.S. Senators Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, and Mike Lee (R-UT) have introduced two bipartisan bills aimed at reforming federal criminal justice policies. The proposed legislation includes the Smarter Sentencing Act, which seeks to update sentencing for federal drug offenses, and the Smarter Pretrial Detention for Drug Charges Act, which would give judges greater discretion in pretrial detention decisions for nonviolent drug charges.
Durbin highlighted ongoing concerns about federal prison overcrowding and its impact on safety and budgets. “Outdated policies stemming from the failed ‘War on Drugs’ continue to impose lengthy, one-size-fits-all sentences for many nonviolent drug offenses. It’s costly, overcrowds our prisons, and strains budgets at the expense of other important law enforcement and crime prevention programs,” Durbin said. “Our bipartisan bills will modernize these misguided and expensive sentencing laws and allow many nonviolent drug offenders to return to their communities more quickly, without threatening public safety. I thank my colleague Senator Lee for his longtime partnership in this effort.”
Lee emphasized constitutional rights and resource allocation: “These bills protect the Fifth Amendment right of all Americans against unjust imprisonment and keep tax dollars where they’re most efficient,” said Lee. “Judges need more discretion to consider each defendant’s individual and unique circumstances, and our prisons need to be able to focus resources on the most dangerous criminals. Our bipartisan legislation will protect Americans’ constitutional rights and eliminate federal waste.”
The Smarter Sentencing Act targets mandatory minimum sentences for certain nonviolent drug crimes by lowering them but does not repeal or reduce maximum sentences. Instead, it allows judges increased flexibility based on individual case details while maintaining harsher penalties when warranted.
Durbin and Lee first introduced this bill in 2013; some reforms were later included in the First Step Act passed in 2018. The current bill is cosponsored by Senators Cory Booker (D-NJ), Brian Schatz (D-HI), Angus King (I-ME), Tim Kaine (D-VA), Elizabeth Warren (D-MA), Ed Markey (D-MA), Richard Blumenthal (D-CT), and Bernie Sanders (I-VT). Supporting organizations include the National Association of Criminal Defense Lawyers, Due Process Institute, Federal Public and Community Defenders, Dream.org, and Association of Prosecuting Attorneys.
The Smarter Pretrial Detention for Drug Charges Act addresses rising pretrial detention rates across demographics by removing blanket presumptions that require detention before trial for most federal drug charges. Current standards under the Bail Reform Act of 1984 presume release unless a judge finds a flight risk or danger to public safety; however, exceptions exist for specific charges—including many drug offenses—resulting in higher detention rates regardless of individual circumstances.
A study by the Probation and Pretrial Services Office found no significant difference between presumed-detention cases versus others regarding failures to appear or violent rearrests but noted increased costs due to higher incarceration rates associated with such presumptions. Racial disparities are also evident; white defendants are more likely than Black defendants to receive pretrial release.
Senator Chris Coons (D-DE) has cosponsored this bill alongside support from organizations such as Tzedek Association, Drug Policy Alliance, American Civil Liberties Union, Families Against Mandatory Minimums, Dream.org, Right on Crime, Black Public Defender Association among others.
Both pieces of legislation fall within the oversight responsibilities of the Senate Judiciary Committee, which affects constitutional protections as well as public safety through its legislative duties nationwide (source). The committee is responsible for reviewing related laws impacting civil rights issues (source) while serving as a standing body with authority over judicial matters (source).
