Waiting for Retroactivity: How Amendment 821 Could Reduce Sentences

On August 24th, 2023, the United States Sentencing Commission (USSC) voted to allow delayed retroactive application of Amendment 821 relating to criminal history calculations—meaning that certain currently incarcerated individuals could be eligible for reduced sentences starting February 1st, 2024. This is a big deal that could impact thousands of people! Let’s break down exactly what Amendment 821 means and key dates to know.

What is Amendment 821?

Amendment 821 amends the U.S. Sentencing Guidelines around a few key areas:

• Reduces sentence length recommendations for certain drug offenses
• Changes how criminal history points are calculated, which could reduce sentences
• Expands criteria for judges to go below mandatory minimums
• Rewards cooperating with authorities in new ways

This amendment passed on August 31st, 2023 with some sections retroactive starting February 1st, 2024. The U.S. Sentencing Commission said the changes could allow around 550 federal prisoners to seek reduced sentences right away, with many more able to seek reductions over time.

Who Can Benefit from Amendment 821?

The folks who stand to benefit the most from the retroactive portions of Amendment 821 are:

• People with minor criminal histories wrongly given long sentences
• People cooperating with authorities but not properly rewarded
• People with outdated mandatory minimums for drug crimes

The U.S. Sentencing Commission’s July 2023 Impact Analysis shed light on the potential reach of retroactivity:

• 11,495 incarcerated individuals will have a lower sentencing range under Part A relating to “Status Points”
• 7,272 inmates will be eligible for a reduced sentencing range under Part B, with an average sentence reduction of 17.6%

That’s thousands of people who could see years shaved off their sentences starting February 1st, 2024.

What’s Next for Retroactive Sentence Reductions?

Here are some key Amendment 821 retroactivity dates:

• November 1, 2023 – Amendment 821 takes effect for new cases
• November 2023 – Congress finishes 180-day review period of Amendment 821
• February 1, 2024 – Eligible inmates can start filing motions for reduced sentences

So there is a delayed effective date for retroactivity. Inmates will have to wait until February 1st, 2024 before they can formally request resentencing under Amendment 821.

After that date, eligible inmates will file a motion with their sentencing court asking for a sentence reduction. The original judge will review and decide whether to grant the reduction. If granted, the inmate’s sentence can be lowered based on the new guidelines.

What This Means for Inmates and Their Families

This change offers hope to thousands of inmates and their loved ones. For many, Amendment 821 retroactivity could mean years off their sentences.

This allows more people to reunite with family sooner. Parents have a better chance to see their kids grow up. Wives and husbands are closer to being back together. Amendment 821 offers a second chance.

At the same time, some victims’ groups oppose early release. They argue sentences were handed down for a reason. And some inmates may still pose a public safety risk if released early.

These are complicated issues with reasonable views on both sides. Going forward, the focus should be on making any early releases as smooth as possible for inmates, victims, and communities.

The Bottom Line

Amendment 821’s retroactivity is a big step. Come February 1st, 2024, thousands stand a chance at reduced sentences.

For inmates and families who feel a sentence was unjust, this brings hope. It offers a second chance to be free sooner and restart life. Of course the path ahead won’t be easy, but this makes it possible.

At the same time, victims’ groups raise fair concerns to consider. Managing any early releases thoughtfully will be key.

But the bottom line is Amendment 821 retroactivity, starting February 1st, 2024, will let many inmates seek fairer sentences. This gives a chance to right certain past wrongs in our justice system. For thousands of people, that chance means everything.