Amendment 821: Reducing Sentences for Drug Offenses – Explained

Amendment 821: Reducing Sentences for Drug Offenses – Explained

The United States Sentencing Commission recently passed Amendment 821, which could allow around 11,500 currently incarcerated individuals to get their sentences reduced starting February 1, 2024[1]. This is a really big deal that could impact a lot of lives! Let’s break down what Amendment 821 actually does and what it means for people serving time for drug offenses.

What Does Amendment 821 Do?

Amendment 821 makes two main changes[2]:

1. It limits the number of “status points” that can count towards someone’s criminal history score. Status points are extra points added for things like being on probation, parole, or supervised release when the crime was committed.
2. It creates a new rule that people with no criminal history points at all get a 2-level reduction in their sentencing guideline range for certain offenses, mostly drug crimes.

These changes mean some people will end up in a lower criminal history category, which brings down the sentencing range. For example, someone who was in Category III before could now be in Category II and get around a year less in their sentence. The Sentencing Commission estimates the average reduction will be 14-17 months off sentences[1][3].

Who Is Eligible for a Reduced Sentence?

There’s a few requirements to get a lower sentence under Amendment 821[4]:

• You can’t have any criminal history points, not even 1 point
• Your crime didn’t involve violence or threats
• Your crime wasn’t a sex offense
• You weren’t convicted of terrorism

If you meet all those conditions, you’ll qualify for the 2 offense level decrease. The Sentencing Commission estimates around 7,272 people will benefit from the change in how status points are counted, and 11,495 will get the 2 level reduction for no criminal history[3].

What Types of Offenses Are Eligible?

While Amendment 821 applies to any federal offense meeting the requirements, it will have the biggest impact on drug crimes. Most drug offenses don’t involve violence or prior records, so a lot of drug offenders will see their sentences go down. The average sentence reduction is estimated to be 14-17 months – that’s huge when you’re already serving years in prison[1][3].

The change will also impact many white collar crimes like fraud and embezzlement. Again, these offenses often don’t involve violence or prior records, so first-time offenders will benefit[5].

How Will Retroactive Sentencing Work?

Normally when the sentencing guidelines change, it only applies to future cases. But Amendment 821 was passed with retroactive effect, meaning people already in prison can petition to get their sentences reduced[6]. Here’s how it works:

1. The inmate files a motion with the court that originally handled their case, asking for a sentencing reduction under Amendment 821.
2. The probation office calculates what the new guideline range would be under Amendment 821.
3. The judge reviews the case and has discretion whether to reduce the sentence or not.

Even if someone qualifies on paper, the judge can deny the reduction or only reduce the sentence partially. But this gives inmates who meet the requirements a chance to get out earlier. The process starts on February 1, 2024.

What Do Opponents Say?

While many see Amendment 821 as a positive step, some groups oppose reducing drug sentences. Their main arguments are:

• It could undermine deterrence against drug crimes.
• Drug offenses still cause a lot of harm even if nonviolent.
• Mandatory minimums should be set by Congress not the Sentencing Commission.
• The changes are too sweeping and don’t consider individual cases.

Opponents worry relaxing sentences will send the wrong message and lead to an increase in drug activity. They think the original sentences reflect the severity of the crimes.

What Do Supporters Say?

Groups in favor of Amendment 821 make counterarguments like:

• Long sentences haven’t deterred drug crimes effectively.
• Nonviolent offenses deserve a second chance.
• The changes still give judges discretion.
• Reducing prison overcrowding has benefits.

Supporters point out long drug sentences and overcrowded prisons have many negative consequences. Letting qualified inmates out earlier can save taxpayer money and let them become productive members of society again, while still keeping public safety in mind.

The Bottom Line

Amendment 821 has the potential to change thousands of lives by reducing overly harsh sentences for drug crimes. But it also raises serious questions about finding the right balance in our criminal justice system. Reducing prison populations has many benefits, but opponents argue it could also undermine deterrence and cause new problems. While reasonable people can disagree on these policies, giving inmates a second chance seems like the more humane and constructive approach when appropriate. Either way, these changes will have a major impact that’s important to understand.