It will be a test of the Republican media wurlitzer’s restraint. It’s hard to think of anything easier to fearmonger than some commission deciding to reduce the sentences of over 12,000 crack felons, many of whom will be released from prison at roughly the same time. But that’s what the U.S. Sentencing Commission unanimously decided to do by applying elements of the Fair Sentencing Act of 2010 retroactively. One definition of progressivism is help for the helpless, love for the unloved, power to the powerless. No one is more helpless than an inmate, or unloved and powerless than a crack offender. Springing people out of prison who may make you live to regret your decision is one of the hardest things for a politician to do. The upside may be justice, but few people will notice or care. The downside is someone gets robbed, raped, or murdered and you like a fool.
This is why prison reform is such a thankless and difficult task. Fortunately, the disparity in the sentences for crack and powder cocaine were so obvious, and the effects so obviously racially unfair, that Congress finally rectified the situation and the Sentencing Commission had the courage to do the right thing.
You don’t see things like this happen too often, so cherish it. It’s one of the only truly progressive outcomes I’ve seen come out of Washington in a very long time. Even so, we’ve got a long way to go.
Not every federal crack cocaine offender in federal prison will be eligible for a lower sentence as a result of this decision. The Commission estimates, based on Fiscal Year 2010 sentencing data, that approximately 12,000 offenders may be eligible to seek a sentence reduction. The average sentence reduction for eligible offenders will be approximately 37 months, and the overall impact on the eligible offender population will occur incrementally over decades. The average sentence for these offenders, even after reduction, will remain about 10 years. The Bureau of Prisons estimates that retroactivity of the Fair Sentencing Act of 2010 amendment could result in a savings of over $200 million within the first five years after retroactivity takes effect.
Non-violent drug offenders should not be spending a decade in prison. That’s ridiculous. But this is still something to celebrate.