126th Morrison Congress

2nd Session

H.R. 126

Title of the Bill: Sentencing Reform and Corrections Act

Main Author(s): Rep. Hideaki Nakayama, Emily Chang, Faye Shih

Co-Sponsor(s): Sen. Joseph Chou, Mika Ro

BE IT ENACTED BY THE MORRISON CONGRESS

1 SECTION 1: Findings
2 Congress makes the following findings:
3 1) Over the last 30 years, the US has become one the top nations to hold
4 prisoners in terms of population. With 5% of the world population imprisoned,
5 US alone holds a quarter of the whole population, (I)
6 2) of all incarcerated women worldwide are in the US. (I)
7 3) This is due to the increase in the time of mandatory minimum sentences (I)
8 4) Federal Prisons are acting at 131% its capacity (I)
9 2) Nearly half of prisoners are serving sentences for nonviolent drug
10 offenses, many of them being first-time offense. (II)
11
12 SECTION 2: Purpose
13 This bill provides reformation of sentencing laws and correctional institutions,
14 addressing overincarcenation concerns in the US federal prison system,
15 reducing the length of mandatory minimum sentences and attempt to
16 eliminate the three strike provision, giving judges more control, and other
17
purposes.
18
19
20 SECTION 3: General Provisions
21 1) Eliminates the enforcement of mandatory life sentence after the third offense
22 for nonviolent repeated drug offenders.
23 2) Increases the rights of the accused by applying the rights to those with a
24 nonviolent criminal record.
25 3) Allows the judges to sentence under the 10 years minimum.
26 4) These provisions are not applicable to defendants convicted of serious
27 violent and drug felonies.
28 5) Provides judges with power to sentence individuals who possess a firearm
29 illegally, provided that the firearm was not brandished or discharged in
30 relation to a crime of violence or drug trafficking.
31 6) Allows nonviolent offenders to petition courts for an individualized review of
32 their sentence, which can be reduced only after the sentencing judge reviews
 33 all circumstances in a case, including public safety, criminal
34 history, and the nature of the offense.
35 7) Establishes recidivism program that requires the Department of Justice to
36 conduct risk assessments to classify all federal inmates according to
37 their recidivism risk and to use the results to assign inmates to appropriate
38 recidivism reduction programs: work and education programs, drug
39 rehabilitation, job training, and faith-based programs.
40
41 SECTION 4: Definitions
42 1) Serious drug felony - the offender served a term of imprisonment of more
43 than 12 months and is release from any term of imprisonment was within 15
44 years of the commencement of the instant offense.
45 2) Serious violent felony - the offender served a term of imprisonment of more
46 than 12 months and committed any offense that would be a felony violation of
47 section 113 of title 18, United States Code, if the offense were committed in
48 the special maritime and territorial jurisdiction of the United States, for which
49 the offender served a term of imprisonment of more than 12 months.
50

Works Cited:

I. https://www.americanbar.org/advocacy/governmental_legislative_work/priorities_policy/c
riminal_justice_system_improvements/federalsentencingreform.html
II. http://www.freedomworks.org/content/support-sentencing-reform-and-corrections-act-s-1
917
III. https://www.judiciary.senate.gov/imo/media/doc/Sentencing,%2010-04-17,%20SRCA%2
0115%20Summary.pdf
IV. https://www.congress.gov/bill/115th-congress/senate-bill/1917/text#toc-idd2a5b6b0-b96
d-46e5-867c-8e18d5d94504