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The safety valve is a provision in the Sentencing Reform Act and the United States Federal Sentencing Guidelines that authorizes a sentence below the statutory minimum for certain nonviolent, non-managerial drug offenders with little or no criminal history.
The federal sentencing statute, 18 U.S.C. 3553, contains a provision known as a "safety valve". The safety valve, located at § 3553(f), requires the trial courts to sentence qualifying defendants according to the Federal Sentencing Guidelines, regardless of any statutory minimum sentences. Criteria for qualification are listed in § 3553(f)(1 ...
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
For example, defendants with prior drug felonies are often subject to harsh mandatory minimums, but a prosecutor can exercise discretion to not file a prior felony information. Then the mandatory minimum will not be applied. [16] Safety Valve [17] was created in 1994 to reduce mandatory sentencing for drug offenders under the following provisions:
Youth Services International confronted a potentially expensive situation. It was early 2004, only three months into the private prison company’s $9.5 million contract to run Thompson Academy, a juvenile prison in Florida, and already the facility had become a scene of documented violence and neglect.
Other related Acts include the S.1410, "The Smarter Sentencing Act of 2013" (Durbin, Lee, Leahy, Whitehouse) and S.1675, Recidivism Reduction and Public Safety Act of 2013 (Whitehouse, Portman). The Justice Safety Valve Act became one of many new bills to address prison overcrowding and the soaring cost to the American taxpayers. A quorum was ...
The committees assigned to this bill passed the act by a vote of 15-5 and sent it to the House or Senate as a whole for consideration on October 22, 2015. On November 5, 2015 there was a significant move with the legislation. Both parties and both chambers of Congress agreed to revisions to federal sentencing guidelines and the mandatory minimums.
The Sentencing Reform and Corrections Act (S. 2123, also called the Sentencing Reform and Corrections Act of 2015 or SRCA) is a bipartisan [1] criminal justice reform bill introduced into the United States Senate on October 1, 2015, by Chuck Grassley, a Republican senator from Iowa and the chairman of the United States Senate Committee on the Judiciary.