Smarter Sentencing Act of 2017

Smarter Sentencing Act of 2017

This bill amends the federal criminal code to expand the safety valve to allow a court to impose a sentence below the statutory mandatory minimum for an otherwise eligible drug offender who has three or fewer (currently, one or fewer) criminal history points.

The bill amends the Controlled Substances Act to reduce the mandatory minimum prison term for defendants who manufacture, distribute, or possess with intent to distribute a controlled substance. Specifically, it reduces mandatory minimums:

• from 10 years to 5 years for a first-time high-level offense (e.g., one kilogram or more of heroin),
• from 20 years to 10 years for a high-level offense after one prior felony drug offense,
• from life to 25 years for a high-level offense after two or more prior felony drug offenses,
• from 5 years to 2 years for a first-time low-level offense (e.g., 100 to 999 grams of heroin), and
• from 10 years to 5 years for a low-level offense after one prior felony drug offense.

Additionally, the bill amends the Controlled Substances Import and Export Act to modify the application of mandatory minimum prison terms for certain defendants who import or export a controlled substance. Specifically, it:

• makes existing mandatory minimums inapplicable to a defendant who functions as a courier; and
• establishes new, shorter mandatory minimum prison terms for a courier.

The Fair Sentencing Act of 2010 applies retroactively to allow a court to reduce the prison term of a convicted crack cocaine offender sentenced before August 3, 2010.

The Department of Justice must report on and publish all federal criminal statutory offenses. Specified federal agencies, departments, and entities must report on and publish criminal regulatory offenses that they enforce.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov